SAHNAZ BEE Vs. NIRMALA ROAD LINES

JUDGEMENT

(1.) This is a claimants appeal against dismissal of his claim by order dated 24-6-2003 passed by 13th M.A.C.T. Indore in Claim Case No. 201/2003.

(2.) Brief facts of the case are that on the date of incidence i.e. 12-5-1997, at 5.30 p.m. in the ghat at Manpur, a truck bearing Registration No. MH04-H-4622 being rashly and negligently driven by Mobin, non-applicant No. 2 turned turtle. In the peculiar facts and circumstances of the case, two sons of the driver Mobin who were travelling on the truck received grievous injuries and one of them died.

(3.) The claimant Smt. Shahnaz Bi, the wife of the driver Mobin and mother of the two sons Salim and Kalim claimed compensation for the death of Salim and permanent disability of Kalim; against the owner, the driver (her husband) and the Insurance Company. She claimed that Salim was a labourer, whereas Kalim had boarded the truck as a cleaner. She also claimed that he was earning Rs. 1,000/- per month plus Rs. 40/- per day as allowance, being 20 years of age she claimed compensation of Rs. 3,00,000/-.