Arun Mishra, J. - (1.)This appeal has been filed for enhancement of compensation by the claimants as against an award dated 31.1.2005 passed by the Motor Accidents Claims Tribunal, Khandwa in Claim Case No. 90 of 2003.
(2.)In an accident dated 5.9.2003 when the deceased was sitting by the side of the road and was talking to another person, jeep (MP 09-JZ 0121), came from opposite side, Kalyan drove it rashly and negligently and dashed the deceased. He sustained severe injuries and was taken immediately to District Hospital, Khandwa, where he was declared dead. Jeep was owned by Deem Dineshwar and insured with United India Insurance Co. Ltd. It was claimed that age of deceased was 28-29 years. He was earning a sum of Rs. 3,500 by working as tractor driver. In addition, he used to receive a sum of Rs. 50 per day as allowance, thus, he was earning a sum of Rs. 5,000 per month. Compensation of Rs. 14,80,000 was claimed.
(3.)The owner and driver denied that the accident was caused by the jeep. Driver was holding a valid and effective driving licence, he was not negligent, liability, if any, was that of insurer.