RAJPATI DEVI Vs. RAM KUMAR SINGH

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act, 1988 has been preferred by the applicants against judgment dated 29.6.1999 and Award dated 12.7.1999 passed by 1st Additional Motor Vehicles Accident Claim Tribunal, Muzaffarpur in Claim Case No. 8 of 1994/5 of 1995.

(2.) APPELLANT no. 1 is mother of deceased Nawal Ram and other appellants are her family members who preferred the aforesaid claim case due to death of said Nawal Ram in a road accident on 4.12.1993 involving a bus bearing registration no. BR 06P 0325 owned by respondent no. 1. In column no. 16 of the claim application respondent no. 2, the New India Assurance Company Limited was described as the insurer of the vehicle along with details of the insurance cover note as well as period of insurance as 24.8.1993 to 23.8.1994. The deceased was shown to be a daily wage labourer having monthly income of Rs. 900/ -.

(3.) IN this appeal, the appellants have advanced arguments to challenge the findings given in respect of aforesaid Issue No. IV as well as in respect of Issue No. V whereunder the amount of compensation was determined on the basis of an estimated annual income of the deceased as Rs.