SMT. OMWATI AND OTHERS Vs. RAMBHAROSHI AND OTHERS

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicle Act, 1988 is preferred by the appellants/claimants for enhancement of compensation, being aggrieved by award dated 03-12-2008 passed by the Motor Accident Claims Tribunal, Gwalior in Claim Case No.218/2008 whereby, the Claims Tribunal has awarded a sum of Rs. 4,17,500/- in all towards compensation for the death of deceased Pan Singh Baghel to the appellants-wife, children and parents.

(2.) Brief facts of the case are that on 20-08-2008, in the morning, when deceased Pan Singh Baghel was coming from Thatipur Petrol Pump on his motorcycle, in the way, the offending vehicle bearing No.MP07 G 2637 driven rashly and negligently by respondent No.1 and owned by respondent No.2 came and hit the motorcycle due to which deceased Pan Singh Baghel sustained grievous injuries and thereafter during treatment he succumbed to injuries. Hence, claimants/appellants, wife, children and parents of the deceased filed the claim application before the Claims Tribunal claiming an award of Rs. 43,40,000/- as compensation for the death of Pan Singh Baghel.

(3.) According to submissions of the appellants, deceased was doing work of confectioner and running a tea stall/refreshment center by which he was earning Rs. 10,000/- per month. According to appellants, deceased Pan Singh Baghel was having the responsibility of wife, four children and parents, therefore, towards personal expenses there shall be the deduction of ?th only. The tribunal has assessed the income of the deceased as Rs. 3,000/- per month which has wrongly been assessed and looking to the work of the deceased which was doing at the relevant point of time, his income at least should have been Rs. 10,000/- per month.