VISHNU DUTT KUMAWVAT Vs. CHHOTU

JUDGEMENT

(1.) THE present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 is directed against the impugned Award dated 16.07.96 passed by the Motor Accident Claims Tribunal, Beawar(for short 'the Tribunal') in Claim Petition No. 134/1995, by which the claim petition of the appellants has been partly allowed and compensation to the tune of Rs. 3,59,260/ - has been awarded in favour of the claimants/appellants.

(2.) BRIEF facts of the case are that on 18.05.95 deceased Kamal Kumawat was travelling in the jeep bearing No. RJ -01 -C/2065. The said jeep met with an accident near Sojat City due to rash and negligent driving by the driver of the offending vehicle. In this accident, Kamal Kumawat and some other persons died on the spot.

(3.) BEING aggrieved and dissatisfied with the impugned Award passed by the Tribunal, the claimants/ appellants have preferred the instant appeal and more particularly challenged the findings given by the Tribunal on issue No. 5 on the ground that while deciding issue No. 5, it was specifically pleaded and proved by the appellants that in addition to income from the business of the deceased, he had also income by assisting his father in his business and this aspect has completely been overlooked by the Tribunal while assessing the loss of dependency.