BHURI Vs. SHANKAR LAL

JUDGEMENT

(1.) This misc. appeal has been filed by the appellants for enhancement of compensation against the order dated 23.2.1995 passed by Judge, Motor Accidents Claims Tribunal, Jaipur City, Jaipur in MACT Case No. 930 of 1991 whereby the compensation of only Rs. 1,09,500 has been awarded.

(2.) The facts of the case are that the claim application was filed by the claimants, legal heirs of the deceased Sitaram Yadav, who died in the motor accident on 7/8.6.1991 in midnight when he was going on motor cycle and was hit by truck No. RRZ 1845. After recording the evidence the Tribunal has awarded the compensation Rs. 1,09,500 only with interest at the rate of 12 per cent per annum.

(3.) Learned counsel for the claimants submits that the deceased was of the age of 35 years and he was doing the business of selling milk by collecting it from buffalo owners. When the accident occurred the milk drums were also loaded on the motor cycle. The Tribunal has not assessed the income of deceased properly as it has been assessed only at Rs. 1,000. Therefore, the compensation as awarded is too less.