S.K.DUBEY
Kale Khan – Appellant
Versus
Union Of India – Respondent
S.K. Dubey, J.
1. This appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act') by the claimant for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Shivpuri, in Claim No. 16 of 1984, directing to pay compensation of Rs. 15,000/- with interest at the rate of 12 per cent per annum for the death of one Kaloo Bai, the claimant's wife who died in a motor accident by the use of motor vehicle No. MPG 8140 on 27.4.1984.
2. The Tribunal found that the deceased was a non-earning old disabled lady of 55 years of age having a hunchback, hence a minimum amount of compensation fixed under Section 92-A of the Act, for 'no fault liability' cases was awarded.
3. Mr. N.D. Singhal, counsel for the appellant, took this court to the statements of Kale Khan, PW 1 and Kashiram, PW 2, wherein the witnesses have stated that the deceased was getting monthly pension from the Government fixed for handicapped or disabled persons. Besides, the deceased was also earning Rs. 5/- to Rs. 10/- per day as vegetable vendor. While determining the compensation the Tribunal ignored this material evidence about earnings of the deceased. Mr. Singhal also submitte
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