BHANWARI DEVI Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The present misc. appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988 against the judgment and award dtd. 3/8/2002 passed by the learned Judge, Motor Accident Claims Tribunal, Ratangarh (hereinafter referred to, 'the Tribunal') in Civil Misc. Claim No.77/1998 whereby the Tribunal partly allowed the claim petition and awarded Rs.3,98,000.00 as compensation to the appellants/claimants and exonerated the respondent-Insurance Company from its liability.

(2.) The appellants/claimants being aggrieved and dissatisfied with the compensation awarded to them by the Tribunal vide its judgment and award dtd. 3/8/2002 have preferred the present misc. appeal praying for enhancement of the compensation amount.

(3.) Briefly stated facts of the case are that appellant No.1 is wife of deceased-Gangadhar Choudhary whereas appellant Nos.2 and 3 are mother and brother of deceased-Gangadhar Choudhary. In the claim petition preferred before the Tribunal, it was pleaded that on 27/9/1998, the deceased-Gangadhar Choudhary, aged about 23 years was hit by a tanker bearing No.DL-1G-0396, which was being driven rashly and negligently by one Shri Angrej son of Hariya. It was further pleaded in the claim petition that in the road accident which occurred on 27/9/1998, deceased-Gangadhar Choudhary died on the spot. As per the claim petition, the deceased was a young and healthy person and used to earn Rs.4,000.00 per month. The appellants/claimants in the claim application filed under Sec. 166 of the Motor Vehicles Act, prayed that compensation to the tune of Rs.31,72,000.00 may be awarded in their favour.