KUNTI BAI Vs. MAHADEO VISHWAKARMA

JUDGEMENT

(1.) These two appeals (M.A. Nos. 1656 and 1657 of 1999) have been against the common award dated 28-6-1999, passed by the Additional Motor Accident Claims Tribunal. Soorajpur. Surguja in Claim Case Nos. 97/98 Ganpat Koir v. Inder Prasad and 35/98 Ketki Kumari v. Inder Prasad, therefore both the appeals are being decided by this order.

(2.) The, brief facts, in nutshell, are that on 28-2-1979 Ganpat and Motilal were going to the weekly market Odsi Bazar on the Truck, bearing registration No. MPL 3045 after loading their belongings in the truck. The said truck was owned by the non-applicant No. 1 and at the relevant time the non-applicant No. 2 was its driver. On that day at Village -- Baijnathpur near Langda Ghoda Ghat due to rash and negligent driving of the non-applicant No. 2 the truck lurned turtle. In that accident Ganpat and Motilal both received grievous injuries and later on Motilal succumbed to the injuries received in the accident.

(3.) The injured Ganpat filed Claim Case No. 97/98 for award of total compensation of Rs. 12,00,000.00 and Ketki Kumari (daughter of the deceased Motilal) filed Claim Case No. 35/98 for award of total compensation of Rs. 5,00,000.00. Both the claim cases were filed under Section 166 of the Motor Vehicles Act and were tried together by the Claims Tribunal.