RAMA CHOHAN Vs. CHHOTU

JUDGEMENT

(1.) THE present civil misc. appeal Under Section 173 of the Motor Vehicle Act, 1988 is filed by the claimants/appellant for enhancement of the compensation awarded vide impugned Award dated 16.07.96 by the Motor Accident Claims Tribunal, Beawar (for short 'the Tribunal') in Claim Petition No. 132/1995, by which the claim petition filed by the claimants/appellants has been partly allowed and compensation to the tune of Rs. 1,48,000/ - has been awarded in favour of the claimants/appellants.

(2.) BRIEF facts of the case are that on 18.05.95 deceased Shankar Singh 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, Shankar Singh and some other persons died on the spot. The jeep was owned by the respondent No. 2 and was insured with respondent No. 3, the United India Insurance Company Ltd., Beawar at the time of the accident.

(3.) BEING aggrieved and dissatisfied with the impugned Award passed by the Tribunal, the claimants/ appellants have preferred the instant appeal for enhancement of compensation 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 the deceased had annual income of Rs. 36,000/ - at the time of accident and the Tribunal has committed gross error in disbelieving even existence of firm M/s Shivraj Gajanand owned by the deceased. The claimants had filed return of sales tax of firm M/s Shivraj Gajanand and receipts of sales tax for the year 1974 -75 and 1975 -76 were also filed.