KAVITA DEVI Vs. SANTOSH KUMAR SINGH

JUDGEMENT

(1.) Re.: Interlocutory Application No.1099 of 2016

(2.) Seeking enhancement of compensation and challenging the compensation awarded by the Motor Vehicle Accident Claims Tribunal, Patna in Claim Case No.384 of 2010 vide judgment dated 02nd of June, 2015, this appeal has been filed by the claimants.

(3.) Claimants herein are the wife and minor children of late Sanjeev Kumar Sinha @ Tunna Jee who met with an accident on 14.02.2008 and succumbed to the injuries sustained in the accident. Inter alia contending that they are entitled to a compensation of Rs. 10,00,000/- (Rupees ten lacs) due to death of Sanjeev Kumar Sinha @ Tunna Jee, the claim petition was filed and it was said that the deceased was earning about Rs. 8,500/- by way of carrying out an occupation of agriculture, fishery and taking private tuition. However, no legal evidence, except the oral statement of the claimant was brought on record to prove the aforesaid fact. Even the parents of the children to whom the private tuition were given were not examined. Therefore, the trial court assessed the income of the deceased at Rs. 100 per day and awarded a compensation of Rs. 4,05,900/-.