HEMLATA & OTHERS Vs. MUKUT SINGH & ANOTHER

JUDGEMENT

(1.) This appeal is filed by the appellants under Section 173 of the Motor Vehicles Act, 1988 (for brevity, the 'Act') challenging the award dated 11.05.2005 passed by the Additional Motor Accident Claims Tribunal, Sabalgarh, District Morena (for brevity, the 'Tribunal') in Claim Case No.27/2003, by which the claim petition was dismissed by the Tribunal.

(2.) The facts of the case are that on 15.11.2002 deceased Brijendra Singh, husband of the appellant No.1 and father of the appellants No.2 and 3, while driving tractor No.MP06-J/1688 was coming from the hill of Babu Baba, village Bichpuri. On the way to Bichpuri, the tractor overturned on account of mechanical defect in the gear box of the vehicle, which resulted into the death of Brijendra Singh.

(3.) The appellants had filed a claim petition under Section 166 of the Act, claiming compensation of Rs.48,64,500/- on account of the death of Brijendra Singh on the ground that at the time of accident, the age of Brijendra Singh was 23 years and he was an agriculturist and also engaged as a driver, by which he was earning Rs.11,500/- per month, but due to the death of Brijendra Singh, they have been deprived of earning of the deceased Brijendra Singh.