TRILOKINATH AGRAWAL Vs. SHIVRAJ

JUDGEMENT

(1.) THIS appeal is filed Motor Vehicles Act, challenging the award by the claimants under section 173 of the dated 12. 12. 2005 passed by the Motor accidents Claims Tribunal, Gwalior in claim Case No. 38 of 2004 whereby the claims Tribunal has awarded a sum of rs. 4,18,500 as compensation to the claimants for the death of Sanchita Agrawal who died in a motor accident.

(2.) IN brief, the facts of the case are that deceased Sanchita Agrawal was working as Vice Principal in Gwalior Glory Higher secondary School, Gwalior. On 13. 6. 2004 when she was travelling in car No. KA 04-N 2157, Swaraj Mazda minibus No. KA 01-D 0707 hit the car, as a result of which the deceased sustained injuries and succumbed to the injuries sustained by her.

(3.) AFTER her death, present appellants who are husband and daughter of the deceased filed claim petition claiming compensation. The Claims Tribunal found that deceased was Vice Principal in Gwalior glory Higher Secondary School, Gwalior and as per her income certificate, Exh. P4, she was drawing salary of Rs. 12,000 per month. The Claims Tribunal, however, assessed the monthly income of the deceased at Rs. 8,300, i. e. , on the basis of net salary and after deducting 73rd of the said amount towards self expenses of the deceased has awarded compensation. Hence, this appeal at the instance of the claimants for enhancement of compensation.