GANGA BAI Vs. KENDARMAL

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the Act) is directed against the award dated 18/12/2003 passed by Second Motor Accident Claims Tribunal, Dhar in Claim Case No. 178/2002.

(2.) Briefly stated on 16/11/2001 deceased Ramlal husband of appellant No. 1 and father of appellant No.2 to 4 while going on foot was dashed by a Tankar bearing Registration No. GJ 1 -BB. 9161 driven by the first respondent owned by the second respondent and insured with the third respondent near Langdi Mata Mandir Village Jetpura District Dhar. As a result of the said dash, deceased Ramlal sustained grievous injuries and he succumbed to the said injuries.

(3.) A claim petition was filed.by the appellant under Section 166 of the Act seeking compensation of Rs. 21,31,000.00 from the respondents. The Claims Tribunal after framing issues and recording evidence led by the parties awarded compensation of Rs. 3,58,600.00 with interest @ 8% per annum from the date of application till payment to the appellants. Feeling aggrieved the appellants have filed this appeal seeking enhancement of the compensation.