HARNARAYAN Vs. URMILA DEVI

JUDGEMENT

(1.) PRESENT appeal is preferred by the claimants being aggrieved by the award dated 31. 1. 2004 passed by Twelfth Additional member/judge, Motor Accidents Claims tribunal (Fast Track Court), Gwalior in claim Case No. 35 of 2003, whereby the claims Tribunal has awarded a sum of rs. 1,20,000 towards compensation for the death of Leela Sahu.

(2.) THE brief facts of the case are that deceased Leela Sahu is wife of appellant no. 1 and mother of appellant Nos. 2 and

(3.) ON 10. 5. 2002 she was travelling in a tata Sumo bearing No. MP 07-H 7757. She was going from Gwalior to Bhopal. Said Tata Sumo was driven by respondent no. 3, Harisingh Kushwah, owned by respondent No. 4, Vikas Sahu and insured with respondent No. 5. The said vehicle met with an accident with a truck bearing no. MP 07-3116, which was owned by respondent No. 1 and was insured with respondent No. 2. Deceased Leela Sahu was injured in the said accident and died during the treatment due to injuries sustained by her. 3. The claimants filed an application for compensation before the Claims tribunal. The Claims Tribunal while assessing the age of the deceased as 39 years and income on notional basis at Rs. 15,000 per year, awarded the aforesaid compensation.