- (1.) Husband and sons of the deceased, who died in accident in question, have preferred this appeal under Section 173-A of the Motor Vehicles Act, 1988 for enhancement of compensation. The award of the Tribunal determining compensation amount of Rs.4,05,500/- in M.A.C. No.935 of 2002 has been accepted by the insurance company and no appeal has been preferred by it.
(2.) Facts in brief giving rise to filing of the present appeal are that on 30th July, 2002 while deceased was crossing the by-pass road, she was hit by a speeding truck, bearing Registration No. MP33/H-0626, due to its rash and negligent driving at Agra, which led to her accidental death on the spot. A claim under Section 166 of the Motor Vehicles Act was raised by appellants herein against the owner of the truck and the insurance company with the averment that deceased was about 44 years of age and was running a boutique and was taking care of the claimants. It was alleged that during the last financial year, her income was assessed at Rs.80,750/- per annum and a claim for compensation of Rs.10 lacs was raised.
(3.) Claimants in support of their plea adduced oral evidence of claimant-husband Surjeet Singh PW-1 and PW-2- Arvinder Singh, an eye witness to the incident. Documentary evidence in the form of FIR, postmortem report, technical report, chargesheet, income tax assessment for the year 2001-2002, tax receipts, assessment order in respect of the year 2000-2001, actual tax receipts, PAN card, death certificate and cover note etc. were adduced. The owner of the vehicle denied the accident and claimed that vehicle was otherwise insured for the period 18.4.2002 to 17.4.2003 and as such, for any claim raised under Section 166 of the Act, he was indemnified by insurance policy, which was also brought on record.;