MANU Vs. BHAWANI SINGH

JUDGEMENT

(1.) THIS appeal is preferred by the claimants under Section 173 of Motor Vehicle Act being aggrieved by the award dated 8th January, 2006 passed by 6th Additional Motor Accidents claims Tribunal in Claim Case No. 94/06, whereby the Claims Tribunal has awarded a sum of Rs. 2,65,000. 00 to the claimants towards compensation for the death of deceased suresh Singh.

(2.) THE brief facts of the case are that the deceased Suresh Singh was cleaner in truck No. M. P. 07-G-2140. According to the claimants he was earning Rs. 3,300/- per month and was maintaining his family. On 5th september, 2006 the said truck met with an accident due to which Suresh Singh sustained injuries and he died. Crime No. 128/2006 was registered against the driver for commission of offence under Section 304 (A) IPC. Driver of truck was arrested and challan was filed against him.

(3.) AFTER the death of Suresh Singh, the present appellants who are claimants filed an application under Section 163 (A) of Motor vehicles Act alleging the income of deceased at Rs. 3,300/- per month. The Claims Tribunal assessed the income of deceased at rs. 2,000/- per month and awarded compensation after applying the multiplier of 16. The only ground taken in this appeal is that the income of the deceased was assessed by the Claims Tribunal on the lower side. It is contended by the Counsel for the appellants that D. W. 1 Bhawani Singh, who was driving the vehicle himself has admitted that deceased was having an income of Rs. 3,300/- per month. Hence, according to the Counsel for appellant the Claims Tribunal has committed error in disbelieving the statement of D. W. 1 in assessing the income of deceased at rs. 2,000/- per month.