RADHESHYAM Vs. KALANI ASBESTOS CEMENT P LTD

JUDGEMENT

(1.) This appeal is directed against the award of Fifth Motor Accidents Claims Tribunal, Indore, passed in Claim Case No. 11 of 1989 dated 26.9.1995.

(2.) Ambaram died in the accident that took place on 26.12.1988 when he was hit by Matador bearing registration No. MKI 1235 when he was standing on the roadside resulting in his death. Allegation is that the accident took place due to rash and negligent driving of the Matador by the driver, otherwise it would not have taken place. Compensation of Rs. 2,00,000 has been claimed. Defence taken is that the facts stated are incorrect. The deceased was responsible for the accident. Claimants are not dependent on the deceased. The Claims Tribunal came to the conclusion that the deceased was 50 years old and died in the accident as alleged, consequently lump sum amount of Rs. 50,000 with interest at the rate of 12 per cent per annum from the date of filing of the claim application till payment has been awarded.

(3.) Through this appeal the award has been challenged by the claimants on the ground that award of lump sum compensation despite clear evidence about the age and income of the deceased is not correct, resulting in loss and unjust decision of the case.