BHURI Vs. KEDAR SINGH

JUDGEMENT

(1.) THE appeal has been preferred by claimants for enhancement of compensation aggrieved by the award dated 9. 11. 2004 passed by the Second Additional Motor Accidents claims Tribunal, Gwalior in Claim Case no. 36 of 2004.

(2.) THE claimants are widow and children, maternal niece and grandparents of the deceased Ram Kishan (aged 25 years ). It was submitted that the deceased was an agriculturist and bhumiswami of approximately 20 bigha of land. His income was claimed to be Rs. 6,000 per month. He used to sell wheat also thereby earning livelihood. It is said that he used to sell milk also. When he was going on his bicycle on 12. 1. 2004, he was dashed by a truck bearing registration No. CPW 7521 from behind, as a result of which, Ram Kishan sustained injuries and succumbed to them on the spot. A report against driver of truck was lodged at Police Station Jhansi Road, thereby a case for committing an offence under sections 279, 304-A at Indian Penal code was registered against the driver.

(3.) THE Tribunal had awarded compensation of Rs. 4,86,000 along with interest at the rate of 9 per cent per annum from the date of filing of the claim petition. Dissatisfied by the quantum of compensation amount awarded by the Claims Tribunal, the present appeal has been preferred by the claimants.