SHIVNARAYAN Vs. RATHI MOTORS

JUDGEMENT

(1.) THIS appeal has been filed by the claimants-appellants against the award dated 4. 7. 2003 passed in claim Case No. 3 of 2003 by the First additional Motor Accidents Claims Tribunal, Shajapur.

(2.) THE appellants preferred claim petition before the learned Tribunal claiming that Rs. 6,00,000 be awarded to them by way of damages for the death of deceased bhagwantabai. The appellant No. 1, Shivnarayan is the husband of the deceased bhagwantabai while the other appellants are her children.

(3.) THE learned Tribunal has held that bhagwantabai had died due to the injuries sustained in the road accident and the accident was caused due to rash and negligent driving of respondent No. 3 when he drove a tractor bearing engine No. NGH 16307 and chassis No. 16307-F-1 on 31. 12. 2002 at 4. 15 p. m. at Ranthbanwar Berchha. The learned Tribunal has held that respondents are liable for paying the compensation to the appellants, but instead of awarding rs. 6,00,000 as damages learned Tribunal has awarded Rs. 1,52,000. The claimants-appellants feeling the amount inadequate and on lower side preferred this appeal under section 173 of Motor Vehicles Act for getting quantum of award enhanced.