MANNA Vs. SHANTILAL

JUDGEMENT

(1.) THIS appeal is under Section 173 of Motor Vehicles Act against an award dated 21.7.1995 rendered by 1st M.A.C.T., Indore in Claim Case No. 58/79. By this appeal the claimant inter alia wants more compensation than the one awarded by the learned Member of M.A.C.T. for the death of Shankar. They also claim joint and several award against all the respondents.

(2.) IN short the case of the appellants was that they filed a claim petition on 24.3.1979 claiming compensation of Rs. 2 lakhs for the death of Shankar who was husband of appellant No. 1 (claimant No. 1) and father of appellants Nos. 2 to 7 (claimant Nos. 2 to 7), who died in an accident on 6.10.1978. It so happened that Shankar who was travelling in Truck No. M.P.L. 3955 on the fateful day while getting down from the truck was crushed and succumbed to injuries. According to claimant the deceased was a young man entitled for reasonable compensation.

(3.) ACCORDINGLY by impugned award of the learned Member of Tribunal, the claim petition was allowed in part. The learned Member awarded a sum of Rs. 69,200/- to the claimants. However the Insurance Company was not held liable to pay any compensation, holding that the deceased Was travelling as passenger thereby it resulted in breach of policy. It is against this award, the claimants feel aggrieved and filed this appeal.