SHAMA BI Vs. ANIL SINGH YADAV

JUDGEMENT

(1.) THIS appeal is at the behest of the claimants for enhancement of compensation on account of death of Sheikh nawab aged 40 years in an accident dated 22. 9. 2005. When he was coming back from his sister's house in a jeep No. MH 20-E 5777, he was dashed by a truck No. HR 55-C 8052, driven by Anil Singh Yadav in a rash and negligent manner. M. A. C. T. , burhanpur, awarded total compensation of rs. 4,59,500 along with interest at the rate of 6 per cent per annum from the date of filing of the claim petition till realisation in Claim Case No. 8 of 2006 as per award dated 20. 5. 2006.

(2.) IT was submitted by the claimants widow, two minor daughters, two minor sons and mother of the deceased, that the deceased was a transporter, used to run two trucks, apart from that he was having agricultural land also. Deceased was an income tax payee, he owned two trucks and five acres of irrigated land. He had also started dhaba on Burhanpur-Indore Road, he was earning a sum of Rs. 2,00,000 per annum. 80 per cent of the amount he used to give to the claimants and remaining 20 per cent he used to spend on himself. He wanted that sons and daughters to obtain proper education for their bright future. They were obtaining education in an English school. Due to death of the only bread-earner of the family compensation of Rs. 53,00,000 was claimed. Truck was owned by ARC india Ltd. and insured with National Insurance co. Ltd.

(3.) THE driver was proceeded ex pane before the Claims Tribunal. The owner in the written statement contended that the deceased himself was negligent. He was driving the jeep rashly and negligently. The insurer in the written statement inter alia contended that driver of the truck was not holding a valid and effective driving licence. Driver, owner and insurer of the jeep were also necessary parties. Deceased drove the jeep rashly and negligently. Excessive passengers were carried in the jeep at the time of accident.