NATHOOLAL PATEL Vs. NAYAK NARENDRA

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Jabalpur, dated 24.1.1997, in Claim Case No. 101 of 1994.

(2.) Accident took place on 9.12.1989 when truck No. 86 D 63 626 N tactical No. 363 hit Ashdk Kumar Patel and he died instantaneously. The claimants are father, mother and widow of deceased, who was 23 years old at the time of accident. He was married to claimant No. 3 Sankhibai out of whom she gave birth to a child after the accident. It is submitted that the deceased was first class graduate and was studying B.Ed, course. He was undertaking private tuition earning Rs. 500 per month. Allegation is that the accident took place due to rash and negligent driving of the truck driver otherwise it could not have taken place. This allegation is denied by the respondents. The deceased was responsible for the accident and he could not have earned the income as suggested by the claimants.

(3.) The Tribunal has rejected the defence of respondents and accepted the claim preferred by the claimants. Accordingly, award for Rs. 1,69,000 carrying interest at the rate of 12 per cent per annum for four years has been made and interest for the remaining period has been disallowed. Claimants are dissatisfied with the award, hence this appeal.