GANGARAM SINGH GURJAR Vs. BHARATLAL

JUDGEMENT

(1.) The appellants have filed this appeal against the award dated 23rd September, 2002, passed in Claim Case No. 34/2002.

(2.) On 10th February, 2002, deceased Mahendra Shigh had been returning on his bicycle after finishing his duty from M.P. Milk Union, Banmore. At that time a dumper bearing registration No. M.P. 07/G- 2927 dashed the deceased. In the aforesaid accident, he died on the spot and a report of the accident was lodged at the police station and, subsequently, an offence was also registered. The appellants filed a claim application claiming total compensation of Rs. 35,20,000/-. The Claims Tribunal has held that the accident occurred due to rash and negligent driving of the driver of the dumper and the vehicle was insured by the Insurance Company and the driver had also valid licence and awarded a total compensation of Rs. 1,01,000/-.

(3.) Learned counsel for the appellants submitted that a proper compensation has not been awarded and the income of the deceased has not been assessed properly by the Tribunal and the dependency is also on the lower side. In support of her contention, she relied on a decision in the case of Neelam Sharma and others v. Braj Mohan Nai and others, reported in 2004 ACJ 1879.