STATE OF MADHYA PRADESH Vs. RATNA DEVI

JUDGEMENT

(1.) THIS appeal arises out of the accident Claim Case No. 33 of 1985 decided by the Member, Motor Accidents Claims Tribunal, Jhabua by his award dated 27. 6. 1987. The award in the aforesaid case also covered Claim Case No. 35 of 1985 arising out of the same accident. As this appeal and Misc. Appeal No. 184 of 1987 arise out of the same accident and a common award is being challenged in them, both these appeals were heard together and are being decided by this common judgment.

(2.) THE accident, out of which these cases arise, occurred on 12. 7. 1985 when jeep No. MPP 1743 belonging to the State of M. P. was being driven back from Jhabua to Indore by Kanhaiyalal, respondent No. 1, who was employed as driver of the jeep and was a Government servant. The jeep met with an accident at a distance of about 2 km. from Jhabua towards Indore and as a result of the accident two persons travelling in the jeep, namely, Biharilal Yadav and Krishna Narayan Dixit lost their lives on the spot. Biharilal Yadav was a photographer, Sub-Inspector (Ministerial) with headquarters at Indore and Krishna Narayan Dixit was Sub-Inspector (Ministerial) in the office of the Superintendent of Police, Jhabua. In Misc. Appeal No. 183 of 1987 the legal representatives of Biharilal Yadav are the claimants and in Misc. Appeal No. 184 of 1987 the legal representatives of Krishna Narayan Dixit are the claimants.

(3.) IN the Claim Case No. 33 of 1985 filed by the legal representatives of Biharilal Yadav, it was alleged that he was earning Rs. 1,030/- per month as salary and in addition, Rs. 250/- per month as travelling allowance and out of this he used to spend Rs. 1,080/- on his family. It was further alleged that Biharilal Yadav at the time of his death was 39 years of age and the average longevity in the family was 70 years. Compensation of Rs. 1,80,000/- for loss of future earnings, Rs. 25,000/- for pain and suffering due to loss of the deceased to the family and Rs. 25,000/-for the loss of company of the deceased to the family was claimed. Thus, the claim was for a total sum of Rs. 2,30,000/ -.