PRUBHU LAL Vs. SHAHEED KHAN

JUDGEMENT

(1.) The appellants have preferred this appeal under section 173 of Motor Vehicles Act, 1988 for the enhancement of amount of compensation awarded by the Tribunal under the impugned award for the death of Sajania Bai. The appellants were claimants before the Tribunal where a petition was filed under section 166 of Motor Vehicles Act stating therein that wife of appellant No. 1 and the mother of appellant Nos. 2 and 3, named, Sajania Bai alias Sagun Bai was crushed to death by truck No. MPP 1688 on 18.5.1993, which was owned by respondent Nos. 2 and 3 and was driven by respondent No. 1.

(2.) The learned Tribunal on the strength of the evidence on record found that the accident was the result of the rash and negligent driving of the truck owned by respondent Nos. 2 and 3 which was driven by the respondent No. 1. Due to dash to deceased Sajania Bai alias Sagun Bai, she had died. The claimants are her legal representatives.

(3.) The Tribunal was of the view that minimum amount of compensation on the death of a person was Rs. 25,000, as such it was held that the claimants were entitled to receive Rs. 25,000 as compensation on the death of Sajania Bai. Appellants were allowed funeral expenses, loss of consortium and loss to estate. The Tribunal had as such passed the award for Rs. 52,000 and also awarded the interest at the rate of 12 per cent per annum.