Dhrub Narayan Upadhyay, J. - (1.) THIS appeal has been preferred against the judgment and award dated 18.07.2012 passed by 1st Additional District Judge -cum -Motor Vehicle Accident Claim Tribunal, Chaibasa in connection with Compensation Case No. 39 of 2005. This appeal has been preferred for enhancement of the compensation amount.
(2.) THE fact, in brief, is that the deceased was a driver on a tractor bearing Registration No. BR -18A -0522 and Trailor No. BR -18A -0523. In the intervening night of 7 -8th May, 2004, at about 1.30 a.m. While the de -ceased -Gomeya Maria was returning after dropping the labourers at village -Rajbandh, the tractor got turned turtle while negotiating a big pot hole on the kutcha road near village -Pinka as a result he was dumped under the tractor and sustained injury resulting to his death. The claimants, who are widow and minor son of the deceased -Gomeya Maria, filed an application for grant of compensation against the death of Gomeya Maria and the application was registered as Compensation Case No. 39 of 2005. Learned Tribunal has decided the claim application and directed the respondent -Insurance Company to pay compensation to the extent of Rs. 2,04,680/ - including interim compensation of Rs. 50,000/ - under Section 140 of the Motor Vehicles Act.
(3.) BEING aggrieved by and dissatisfied with the aforesaid amount of compensation, the appellants have preferred this appeal for enhancement of the compensation amount on the ground that the learned Tribunal has wrongly reduced the monthly income of the deceased from Rs. 3000/ - to Rs. 1560/ -.;