As per Hon'ble Shri Arun Mishra, J.;-

1. In this appeal, appellant has prayed for enhancement of compensation aggrieved by award dated 28-4-2004 passed by 4th Addl. Motor Accident Claims Tribunal, Katni in MCC No. 435/2002. On account of death of Mehngu Kushwaha, died in an accident dated 19-12-2001 the claimants widow, children and his mother filed claim petition before the Claims Tribunal claiming compensation.

2. The deceased was a labourer. He was going from his house to Katni. In front of house of Shree Ram Tailer, a Truck MP 21/1062 driven by Rammu Patel dashed him. He died on the spot. Truck was owned by Sanjay Khare and insured with the National Insurance Co. Ltd. A criminal case was registered against the driver. It was claimed that age of the deceased was 40 years. He was earning a sum of Rs. 100/- per day. A sum of Rs. 15 lakhs was claimed towards compensation. The owner and driver did not file written statement. However, respondent No. 3 insurer denied the income of the deceased and contended that excessive compensation was claimed. Driver was not having valid and effective driving licence on the date of accident.

3. The Claims Tribunal has come to the conclusion