KAMLESH. Vs. GOPAL

JUDGEMENT

(1.) This appeal has been filed by the appellants under Section 173 of the Motor Vehicles Act, 1988 against an award dated 3rd September, 2002, passed by the learned 6th Motor Accident Claims Tribunal Gwalior in Claim Case No. 40/2001 for enhancement of compensation.

(2.) On 26th December, 2000 deceased Raghuveer Singh and Channa Singh had been travelling in the vehicle Tata Sumo bearing registration No. MP-07-H-7599 alongwith other persons namely Gulzar Singh, Sheelarani, Rekharani, Asharani and also with second driver in the vehicle. They had been going to Ludhyiana on 27th December, 2000 at around 3.40 p.m. due to rash and negligent driving of the driver of the vehicle it was dashed with another stationary truck from rear side. In the accident deceased Raghuveer Singh died on the spot. Report of the accident was lodged at the Police Station, Panipat an offence vide Crime No. 650/2000 under Sections 279, 337, 304 of Indian Penal Code was registered against the offending vehicle. Claimants who are wife and daughters filed claim application before the Claims Tribunal claiming total compensation of Rs. 9,13,000/-. Learned Claims Tribunal has held that the accident occurred due to rash and negligent driving of the driver of Tata Sumo bearing registration No. MP-07-H7599. It was insured at the relevant time by non-applicant No. 3. New India Insurance Company Ltd. Hence, owner, driver and Insurance Company are liable for payment of compensation and awarded a total compensation of Rs. 2,85,136/-.

(3.) Learned Counsel for the appellants has submitted that the lessor compensation has been awarded by the Claims Tribunal. Claims Tribunal has not considered the income of the deceased properly. Contrary to this learned Counsel for the Insurance Company has submitted that the proper compensation has been awarded to the claimants.