MOSMI AND OTHERS Vs. SHAMSHER SINGH AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the award dated 10.04.2001 passed by the Motor Accident Claims Tribunal, Gurgaon, vide which the appellants were granted compensation to the tune of Rs.2,45,000/-. Being dissatisfied with the amount, the appeal was filed for enhancement.

(2.) The accident had taken place on 21.03.1996 and Mahesh Kumar, husband of appellant No. 1, father of appellant No. 2 and son of appellants No. 3 and 4, died as a result of the same. He was driving the vehicle, i.e. matador No. DAC-5124, which was being used for the staff of a factory in Sector 18, Maruti Industrial Area, Gurgaon. When the said vehicle reached near electricity office on Sarhaul Road, the offending vehicle, i.e. bus No. DL-IP-0688, came from the opposite side and was being driven by respondent No. 1 in a rash and negligent manner. The bus came towards wrong side of the road and despite the deceased having taken the matador towards the kuchha portion of the road, the vehicle was hit by the bus. Mahesh Kumar died at the spot.

(3.) The Tribunal observed that the widow of the deceased testified that the latter was getting salary of Rs.2,500/- per month out of which he contributed Rs.2,000/- per month towards household expenses. All the same, she stated that he was living in Gurgaon in a rented accommodation for which he paid rent of Rs.1,000/- per month or may be more. However, she then went on to clarify that the deceased used to work overtime and gave Rs.2,000/- per month for household expenses to her.