GOPAL KANWAR AND ORS. Vs. SHRAVAN AND ORS.

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act 1988 (for short, 'Act of 1988') is preferred by the appellant-claimants seeking enhancement of compensation amount quantified and awarded by the learned Motor Accident Claims Tribunal, Bhilwara (for short, 'learned Tribunal'), by its Award dated 21st of January 1998. By the said Award, the learned Tribunal on adjudication of the claim of the appellants under Section 166 of the Act of 1988, assessed compensation to the tune of Rs. 1,95,000/- under different heads and thereafter by apportioning 30% contributory negligence of the deceased has worked out total payable compensation to the appellants as Rs. 1,36,500/-.

(2.) Succinctly stated, the facts giving rise to this appeal are that on 29th December 1994 when Digvijay Singh accompanied by one lady Smt. Jamna was going on motorbike bearing No. RJ-06-lM-0095 to Bhilwara, truck bearing No. RSS-5611 coming from opposite direction dashed with the motorbike causing grave and serious injuries to Digvijay Singh as well as pillion rider Smt. Jamna, and eventually both of them succumbed to death on the spot.

(3.) In the claim petition, cause of accident was attributed to rash and negligent driving of Truck by its driver resulting in head on collision. With a view to quantify amount of compensation, appellant-claimants have averred in the claim petition that at the time of death, Digvijay Singh was 28 years old earning his livelihood by doing agricultural work and milk vending and total monthly income of deceased was shown as Rs. 3,000/-. On the strength of income of the deceased aforesaid, the appellants laid claim worth Rs. 14,57,000/- under different heads.