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2007 Supreme(MP) 1191

RAJENDRA MENON, S.A.NAQVI
Amna Bi – Appellant
Versus
Royal Transport Service – Respondent


Advocates:
K.M. Mishra for appellants;
S.S. Bansal for respondent No.3/insurer.

JUDGMENT

Menon, J. -- 1. This is claimants' appeal under section 173 of the Motor Vehicles Act seeking enhancement of the compensation granted by the Motor Accidents Claims Tribunal, Vidisha in Claim Case No.138/ 2002.

2. Claimants are the widowed mother and invalid brother of deceased Sajid Khan who was working as driver in truck bearing CII-7814. It is stated that on 28.8.2002 when Sajid Khan was working as driver and was checking nut bolts of the wheels after parking the truck by the road side, a bus bearing No.MP04-F-0526 belonging to respondent No.1, driven by the respondent No.2 and insured with respondent No.3, came from the opposite direction, it was driven in rash and negligent manner and dashed against the truck, as a result injuries were sustained by Sajid Khan and he died on the spot. Inter alia contending that Sajid Khan was earning Rs.3,000/- as salary per month, was paid daily allowance of Rs.75/-, appellant No.1 widowed mother and appellant No.2 handicapped brother are totally dependent upon the deceased, claimed compensation of Rs.13,60,000/-. On the basis of material and evidence that came on record learned Tribunal assessed the income of Sajid Khan at Rs.1,500/- pe















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