RAMSAI KAIVART Vs. SHANKAR VISWAS

JUDGEMENT

(1.) This appeal is directed against award of 7th Motor Accidents Claims Tribunal, Bilaspur, dated 24.11.1998 in Claim Case No. 35 of 1998 whereby claimants have been awarded compensation of Rs. 76,500 with interest at the rate of 12 per cent per annum from the date of application till payment.

(2.) Accident took place on 20.12.1996 when the jeep No. MP 23-D 1595 owned by respondent No. 1 Shankar Viswas and driven by respondent No. 2 Ba.bban Viswas struck against stationary truck. Allegation is that this accident took place due to rash and negligent driving of the jeep by the driver as a result of which Dhanabai and her son Punendra Kumar alias Puren Kumar died at the spot. The matter was reported to the police which registered case for offences under sections 279/337 304-A, Indian Penal Code. Claimants are husband and children of the deceased.

(3.) It is submitted that Dhanabai was 31 years old and was maintaining good health. But for this accident, she could live for about 80 years. She used to do knitting and embroidery at home earning Rs. 50 to Rs. 60 per day and Rs. 1,650 per month. She used to look after the family out of her earnings. As a result of accident, they have been deprived of the amount. Therefore, claim for Rs. 5,14,800 has been made. It is also submitted that the family has been deprived of affection and maintenance. Hence, claim on that account has also been raised apart from other items mentioned in claim petition, taking the total claim to Rs. 9,12,800 with interest at the rate of 18 per cent per annum.