FAEZANA BEGUM Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) - The appellants have filed this appeal against the award dated 8. 7. 2002 passed by the Third Additional motor Accidents Claims Tribunal, Gwalior in Claim Case No. 63 of 2001, with regard to enhancement of compensation.

(2.) ON 30. 8. 2001 deceased Mohinuddin qureshi had been driving his Sunny bike. When the vehicle reached near Ganesh temple, A. B. Road then a truck bearing registration No. HR 46-A 709, which was being driven by Ramashish, respondent no. 3 rashly and negligently hit against mohinuddin Qureshi. He died on the spot. Shamshuddin, who was pillion rider along with Mohinuddin also received injuries in the said accident. F. I. R. of the accident was lodged at Police Station Bahodapur and a case vide Crime No. 274 of 2001 was registered against the driver of the offending truck. Subsequently, the appellants-applicants filed a claim application before the Motor Accidents Claims Tribunal at gwalior claiming a total compensation of rs. 30,00,000 on account of the death of mohinuddin Qureshi. Appellant-applicant no. 1 is the wife and appellant-applicant nos. 2 to 6 are the sons and daughters of the deceased Mohinuddin and appellant-applicant No. 7 is the mother.

(3.) THE offending truck No. HR 46-A 709 was insured with National Insurance co. Ltd. , respondent No. 1. The appellants pleaded that deceased Mohinuddin Qureshi had been working as 'b' class contractor in the government departments. He was also working on a lathe machine named as Firm star Mechanical Workshop, Bahodapur and he was proprietor of that firm. Monthly income of the deceased Mohinuddin qureshi was near about Rs. 15,000 at the relevant time.