HAJARIA Vs. RAJENDRA SINGH

JUDGEMENT

(1.) Claimants who are legal representatives of one Hitu have filed this appeal claiming enhancement of the compensation awarded to them by the learned Tribunal. In all a total sum of Rs. 5,000 only was awarded by way of compensation for the death of Hitu in an accident. The learned Tribunal passed an award jointly and severally against all the respondents (non-applicants). The impugned award is dated 28.6.1993. It is passed by M.A.C.T., Sendhwa in Claim Case No. 5 of 1992.

(2.) On 9.3.1986 Hitu was going on road when the respondent No. 1 (defendant No. 1) came on motor cycle from the opposite side and dashed to Hitu. As a result of impact, Hitu died after some time in the hospital. This led to filing of claim petition by the present appellants who are legal representatives of late Hitu, claiming compensation amounting to Rs. 82,000. In the claim petition, the claimants arrayed 4 respondents as 4 non-applicants on the assertion that motor cycle in question was owned by defendant No. 2, he having purchased from defendant Nos. 3 and 4 whereas the same was being driven by defendant No. 1.

(3.) The claim was denied by all the 4 non-applicants. According to them the motor cycle was owned by non-applicant No. 3 and in 1985 he sold to non-applicant No. 2.