SARASWATI GIRI Vs. RATANLAL AGARWAL

JUDGEMENT

(1.) THE widow and the minor daughter of the deceased are the appellants In this appeal under Section 110 -D of the Motor Vehicles Act, 1939, claiming higher compensation.

(2.) THE deceased, Subash Chandra Giri, was serving as a Statistical Inspector, under the District Statistical Officer, Sambalpur. On 3 -3 -1984, while the deceased was returning home on a cycle, a truck bearing registration No. ORS 5221 came from, the opposite direction and knocked him down. While being taken to the hospital he expired on the way. In the claim petition tiled by the widow it was alleged that he was about thirty years old and was drawing a salary of Rs. 850/ - per month. It appears that the court -fee was paid on an amount of Rs. 1,00,000/ -. The minor daughter of the deceased (present appellant No. 2) and the old mother of the deceased were the pro forma opposite parties in the claim case.

(3.) THOUGH the claim application appears to have been valued at Rs1,00,000/ -, the appellant; in the appeal claims a sum of Rs. 2,00,000/ - and has accordingly valued the appeal at Rs. 1,52,000/, representing the differential amount as the Tribunal had awarded a sum of Rs. 48,000/ -.