SUNITA AGRAWAL Vs. ISHAK KHAN

JUDGEMENT

(1.) - This appeal has been filed by the appellants under section 173 of the Motor Vehicles Act, 1988, against an award dated 21. 4. 2005, passed by the sixth Additional Motor Accidents Claims tribunal, Gwalior in Claim Case No. 60 of 2004 for enhancement of compensation.

(2.) DECEASED Sunil Agrawal was going to paan shop on 1. 7. 2004 at around 1. 30 p. m. when he was hit by a bus bearing registration No. MP 07-F 1488. Deceased died on the spot; report of the incident was lodged at the police station and an offence was also registered against the driver of the bus. Subsequently, the appellants filed claim application before the Claims Tribunal claiming the total compensation of rs. 63,30,000. Appellants pleaded that they are wife and daughter of the deceased and deceased had been working as Assistant Engineer in Electricity Department and he had been receiving monthly salary of rs. 23,000, after promotion he could get further enhancement of salary of Rs. 3,000. Vehicle was driven rashly and negligently hence appellants are entitled to compensation of Rs. 63,30,000.

(3.) BEFORE the Claims Tribunal wife of the deceased examined herself and also examined Naval Singh Rana and Dinesh sharma, accountant of M. P. State Electricity Board in support of the case. On the basis of above evidence Claims Tribunal held that the deceased died due to rash and negligent driving of the vehicle. It was insured at the relevant time with respondent No. 3 and awarded total compensation of Rs. 17,26,000.