- (1.) Present appeal has been filed by the appellants-claimants under Section 173 of Motor Vehicle Act, 1988, against the judgment and order dated 29.03.2001, passed by the Motor Accident Claim Tribunal, Faizabad, in Claim Petition No.175 of 1999 (Lalta & Ors. vs. Ramesh Chandra Shukla and Ors.), for enhancement of the compensation.
(2.) The brief facts of the case are that on 28.05.1996, at about 3.00 p.m., Sri Rohit Kumar was travelling in the Jeep No. U.P.42A/6092 from Bikapur to Faizabad. The driver of the Jeep was driving the vehicle rashly, negligently and carelessly and hit a tree which resulted overturned of the Jeep. Sri Rohit Kumar died on the spot and another person Ram Kumar got fracture. They were taken to the hospital where the deceased Sri Rohit Kumar was declared brought dead. The claimants-appellants have filed a claim petition, where the Tribunal has awarded a total compensation of Rs.2,30,400/-. Still not being satisfied, the present appeal has been filed.
(3.) With this background, Sri Rajesh Pandey, learned counsel for the appellants submits that the deceased was aged about 25 years old and the claim petition was filed by his minor son (as he was). The deceased was running a general store as well as food-grains shop. He was having additional income from the agricultural activity. But income was taken by the Tribunal for the purpose computation is too low. It ought to have been taken as Rs.6,000/- per month. Further, he submits that no funeral charges etc. were given to the appellants-claimants. He also submits that the interest will have to be given from the date of filing of the claim petition.;