SHAKUNTALABAI Vs. NARESH KUMAR PUNJABI

JUDGEMENT

(1.) THIS appeal is directed against the award of Motor Accidents Claims Tribunal, Jabalpur, in Claim Case No. 56/84, dated 24-9-1987.

(2.) CLAIMANTS are legal heirs of Rajesh Kumar who died on 25-3-1984 in a motor accident which took place when truck bearing registration No. MPJ 4865 driven rashly and negligently by Abdul Majid, owned by Naresh Kumar Punjabi and insured with respondent No. 3, United India Insurance Co. Ltd. , hit the deceased who was returning on bicycle from the hotel where he used to go for learning confectionary. The deceased was 14 years old at that time. After the accident, he was taken to the hospital where he was declared dead by the doctor. The truck driver attempted to escape from the site of the accident, but was caught and brought to book and the truck was seized.

(3.) CLAIMANTS submit that the deceased was earning Rs. 7-8 per day from the hotel and Rs. 334. 00 per month from lime business. Allegation is that the accident took place due to rash and negligent driving of the vehicle by the driver. Total compensation of Rs. 1,00,000. 00 has been claimed.