MANJU DEVI Vs. MADAN KUMAR MANDAL

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as the 'Act') is directed against the judgment and award dated 24.2.2011/18.3.2011 passed by the Motor Vehicle Accident Claim Tribunal -cum -Additional Sessions Judge, F.T.C.I, Bhagalpur in Claim Case No. 31 of 2009 whereby the claim has been allowed. The claimants that is the mother and widow of the deceased are before this Court seeking enhancement of the compensation amount.

(2.) FACTS of the case leading to the claim case briefly stated is that the deceased Kulanand Sah was travelling in a Commander Jeep bearing registration No. JH 4A -1056 as a passenger. The driver of the Jeep was driving the vehicle in a rash and negligent manner and resultantly the jeep dashed against a tree. As a consequence the deceased fell off the vehicle and died on the spot suffering grievous injuries. Some other passengers also died on the spot as a result of the accident. The deceased is stated to be aged about 35 years and was engaged in business of scrap dealing earning about Rs. 6000/ - per month.

(3.) I have heard Mr. Vivekanand Vivek, learned counsel for the claimants who are appellants before this Court, Mr. Bimlesh Kumar Jha, learned counsel for the Insurance Company and Mr. Md. Waliur Rahman, learned counsel for the owner and driver of the offending vehicle