VIJAY KUMAR Vs. NANAG RAM

JUDGEMENT

(1.) THESE three separate appeals were filed by appellantsclaimants against the award dated 10.03.2000, passed by Motor Accident Claims Tribunal, Panchkula (hereinafter to be referred as 'The Tribunal').

(2.) RELEVANT facts for the purpose of decision of these appeals that on 19.01.1997, Vijay Kumar, Smt. Anita alias Priya, Avi Garg, Adil Garg, Bimal Kumar Harish, were travelling in Tata SUMO No.28A/0072, which was being driven by Rajesh Kumar. At about 9.15 AM, when the said vehicle reached near village 'Jhar', Mini bus bearing registration No.RJ -14 -P -5812, being driven by respondent No.1 in a very rash and negligent manner came from the opposite side and struck against Tata SUMO on the driver side. Resultantly the occupants of Tata SUMO sustained multiple grievous injuries. Smt. Anita @ Priya wife of Vijay Kumar succumbed to her injuries. Vijay Kumar suffered injuries on his chest. Three ribs of each side were broken and his right shoulder was dislocated. As per claimant, the accident had taken place due to rash and negligent driving of respondent No.1 and claimant petitions before the Court of 'The Tribunal'. Respondents contested the claim petitions on all accounts. 'The Tribunal' after appreciating the evidence available on file awarded the compensation. Claimants being dissatisfied, have filed present appeals.

(3.) MR . Ashwani Arora, Advocate, learned counsel for the appellants took the plea that 'The Tribunal' has not awarded just compensation in this case. Death of Smt. Anita had taken place and she was of the age of 26 years. She was housewife and running a typing school. She was B.Com graduate and her income has been claimed to be Rs. 10,000/ - per month. Meager amount on account of funeral expenses has been awarded. In support of his arguments, learned counsel for the appellants placed reliance upon judgment from Hon'ble Supreme Court in case Lata Wadhwa and others Vs. State of Bihar and others, 2001 ACJ 1735. So, the amount of compensation be enhanced suitably.