BASANTI Vs. RANJANA BATRA

JUDGEMENT

(1.) THIS order shall dispose of two first appeals being F. A. O. Nos. 948 and 951 of 2002, as both the appeals have been filed by the claimants arising out of the award dated 25. 7. 2001 passed by the learned Motor Accidents Claims tribunal (for short 'the Tribunal' ).

(2.) THE appellants have prayed for enhancement of compensation.

(3.) THE facts which emerge from the record show that in October 1998, an accident took place between a tractor-trolley and a truck No. UP 07-9377. The truck in question was being driven by Subhash chander. In the aforesaid accident four persons died, namely, Prithi Singh, Inderpal, shamsher Singh and Partap Singh. The dependants of the aforesaid deceased persons filed separate claim petitions before tribunal. It was identically pleaded by the claimants that the driver Subhash Chander was rash and negligent in his driving and thereby had caused the accident in question resulting in the death of Prithi Singh, Inder pal, Shamsher Singh and Partap Singh. The claimants further claimed that Prithi singh at the time of his death was 30 years of age and was working as an agricultural labourer and was also engaged in the sale and purchase of fodder. Consequently, the claimants claimed that his income was rs. 5,000 per month. In the case of Inder pal, his dependants also claimed that at the time of his death, Inder Pal was 28 years of age and was engaged in the cultivation of land. It was also claimed that the afore-said Inder Pal, at the time of his death, was additionally engaged in sale and purchase of fodder. His dependants claimed that his monthly income was Rs. 6,000.