SMT. KAMLA DEVI Vs. SHAILENDRA SINGH

JUDGEMENT

(1.) The appellants claimants have filed this appeal for enhancement of compensation against the award dated 30.7.2002 passed by IV Additional Motor Accidents Claims Tribunal (Fast Track Court), Dabra in Claim Case No. 3/2002.

(2.) The brief facts of the case are that on 1.6.1996 deceased Ku. Shiwani alongwith other family members had been travelling in a jeep bearing registration No. M.P. 07/H-1343. They had been going to Guna to attend a marriage ceremony. The aforesaid jeep was dashed near Ghatigaon by a mini truck bearing registration No. M.P.07/G-1283. In the aforesaid accident the number of persons have received injuries and three persons namely Smt. Sharda Devi, Ku. Sarita and Ku. Shiwani had died. Report of this accident had been lodged in the police station. Subsequently, the claimants who are mother and brother and legal heirs of the deceased Ku. Shiwani have filed a claim application before the Claims Tribunal, claiming total compensation Rs. 20,00,000/-. The Claims Tribunal had held that the accident occurred due to rash and negligent driving of driver of aforesaid Mini Truck. The driver was having valid licence and the vehicle was insured with respondent No. 3, National Insurance Company Ltd. Hence, the driver, owner and National Insurance Company Ltd. are jointly and severally liable for payment of compensation and awarded compensation of Rs. 1,10,992/- against them.

(3.) The learned counsel for the appellants has submitted that the Tribunal has awarded lesser compensation.