- (1.) HEARD the parties.
(2.) THIS appeal under Clause 10 of the Letters Patent is directed against the judgment dated 24.11.1997 passed in Misc. Appeal No. 222/96 whereby the learned Single Judge allowed the appeal filed by the claimant-appellant and enhanced the amount of compensation from Rs. 15000/-to 25000/-. The claimant-appellant is the husband of Juhi Devi whose death was caused by reason of a motor vehicle accident on 12.5.1990 while she was crossing the road. It is alleged that the offending bus being driven rashly and negligently dashed against the deceased which caused her death.
(3.) THE claimant-appellant led evidence before the Tribunal regarding treatment expenses, mental agony and also the income of the deceased. The Tribunal recorded a finding that the claimant had failed to prove that the deceased was a earning member, rather, as a matter of fact she was simply a house wife co- operating in the work of the house. On the basis of that finding the Tribunal awarded Rs. 10,000/- for the treatment of the deceased and Rs. 5000/-for mental pain and agony.;