- (1.) This appeal has been filed against the award dated 25.02.2005 passed by Motor Accident Claims Tribunal (for short the Tribunal), Panchkula, whereby the appellants were granted compensation to the tune of Rs.90,000/- on account of death of Smt. Gurdev Kaur, who was wife of appellant No.1 and mother of other appellants. The appellants have prayed for enhancement.
(2.) The case of the appellant before the Tribunal was that on 13.10.2003 at about 8.30 a.m., Smt. Gurdev Kaur (deceased) was going from Derabassi to Garhi Kartaran while sitting on a pillion of scooter bearing No.CHQ-4888, which was being driven by Shamshad. Another Scooter bearing No.HR-49-8665 was going ahead which was being driven by respondent No.1. When they reached near Wilson Factory, Derabassi, respondent No.1 suddenly applied brakes due to which the scooter being driven by Shamshad hit the other scooter and both the riders fell down. Smt. Gurdev Kaur and Shamshad were removed for the hospital, from where Smt. Gurdev Kaur was referred to P.G.I., Chandigarh, where she died on 17.10.2003.
(3.) It may be pointed out here that this was a totally burnt case and the matter had to be decided on the basis of award. In the award, it was written that the deceased was stated to be 55 year old house-wife having monthly income of Rs.4,000/-. Learned counsel for the appellants pointed out that there was some mistake because in the petition it was written that the deceased was not working and that her income 'may be taken' as Rs.4,000/-. He showed the petition where it is so written. It is, therefore, clear that there was a mistake in the award where it was mentioned that the deceased was having a monthly income of Rs.4,000/- per month.;