MANNULAL Vs. SURENDRA PAL SINGH

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Bilaspur, dated 28.9.1996 in Claim Case No. 6 of 1992.

(2.) Claim was filed by Balaram Patel (deceased). He died during the pendency of the claim; therefore, substituted by Mannulal, son of Jagru Patel, brother of deceased Balaram Patel. It is stated that on 17.5.1992 at 10 a.m. when the deceased Dhanwarin Bai was crossing the road to throw away domestic garbage, truck No. MOR 8791, driven by driver Surendra Pal Singh, hit her resulting in serious injuries to her head, hands and feet. She died instantaneously. The deceased was 65 years old making both ends meet by earning as a labourer, however, she possessed good health. She used to earn Rs. 1,200 per month and after spending on herself, she used to spend Rs. 700 on the family. For her death, claim for Rs. 1,09,000 has been made.

(3.) Respondents have denied taking place of the accident and lodging of report in this connection but admit pendency of case against them. Further statement is that the vehicle was insured with the insurance company. The deceased was not earning anything due to old age and feeble health. Claim is exaggerated and does not take into consideration future uncertainties of life.