RUKMANI BAI Vs. PRAHLAD SINGH

JUDGEMENT

(1.) In the accident involving the offending motor vehicle, a bus of the Madhya Pradesh State Road Transport Corporation, which took place on 4.1.1994 Amritlal, the only son of the appellant No. 1 Rukmani Bai and the husband of appellant No. 2, Kamlesiya and the younger brother of husband (since deceased) of Kisraniya, appellant No. 3, the mother of appellant Nos. 4 to 8 had died. An application under section 166 of the Motor Vehicles Act had been filed by the aforesaid appellants claiming them to be dependants of the deceased Amritlal which was disposed of by the Motor Accidents Claims Tribunal vide the impugned award whereunder adjudging a total amount of Rs. 35,000 as the just compensation payable to Rukmani Bai alone, and rejecting the claim of other appellants, they have now come up in appeal seeking redress praying for modification of the impugned award and grant of compensation to the extent of Rs. 4,00,000 along with interest at the rate of 18 per cent per annum.

(2.) We have heard the learned counsel for the appellants as well as the learned counsel representing the contesting respondent and have carefully perused the record.

(3.) The facts in brief, shorn of details and necessary for the disposal of this appeal lie in a narrow compass: In the application filed under section 166 of the Motor Vehicles Act the appellants had urged that Amritlal at the time of his death was about 26 years of age and was hale and hearty young man who was employed in a wine factory situated at Sithouli Road. He used to get salary of Rs. 1,000 and house rent allowance to the tune of Rs. 300 per month. By doing overtime work he used to get an additional amount of Rs. 1,200 per month. He also received bonus twice a year. Out of his income the deceased Amritlal used to pay an amount of Rs. 1,500 per month on an average which was being utilised for meeting the living expenses by them. The husband of Kisraniya was the elder brother of the deceased and had died about two years ago and except Amritlal there was no other earning member and his family was also dependent on Amritlal. All the appellants claimed to be the legal representatives of deceased Amritlal. They claimed a compensation of an amount of Rs. 9,51,000 along with interest at the rate of 18 per cent per annum.