KALPANA SHRIVASTVA Vs. PAWAN KUMAR SHARMA

JUDGEMENT

(1.) THIS appeal is preferred by the claimants being aggrieved by the award dated 12. 3. 2001 passed by the member Judge, Motor Accidents Claims tribunal, Guna in Claim Case No. 76 of 1997, whereby the Claims Tribunal has awarded a sum of Rs. 2,00,000 in lump sum to the claimants for the death of the deceased Santosh Kumar Shrivastava, who died on 18. 4. 1996 in the motor accident.

(2.) THE facts in a nutshell are that on 18. 4. 1996 the deceased Santosh Kumar shrivastava along with his family members was going in a jeep bearing registration no. MP 08-A 8664 to a temple at Beena-ganj for worship near village Gader on a. B. Road. The said jeep turned turtle due to negligence of the driver, in which Santosh Kumar Shrivastava sustained injuries and died. After his death, the claimants, who are the widow, son and daughter, filed an application for compensation before the Claims Tribunal. The Claims Tribunal held that the deceased was 33 years of age and was earning Rs. 1,400 per month and awarded compensation of Rs. 2,00,000 to the claimants without applying multiplier. Hence, this appeal.

(3.) CONTENTION of Mr. S. K. Shrivastava, learned counsel for the appellants is that the findings arrived at by the Claims Tribunal about the age and income of the deceased are erroneous. Thus, the only question involved in the appeal is about quantum. Hence, this court need not burden the judgment by referring the other issues regarding negligence or liability of the insurance company.