NATHU Vs. NEW INDIA INSURANCE CO.

JUDGEMENT

(1.) WITH the consent of parties the appeal is heard finally.

(2.) CLAIMANTS are in appeal Under Section 173 of Motor Vehicles Act against an award dated 12.1.2001 passed by Additional Member, M.A.C.T. Kukshi, District Dhar in Claim Case No. 61/1999 by which the claim petition of claimants (appellants herein) is partly allowed awarding them a total compensation amounting to Rs. 94,000/- with interest for the death of one Anbai, wife of Ram Singh. On 8.5.1999, at about 12.30 p.m. Anbai who was a pillion rider on a motor cycle driven by her husband Ram Singh met with an accident with one bus bearing No. MP-09/G/B/0023 owned by respondent No. 3 and driven by respondent No. 2. As a result of this accident, Anbai died on the spot whereas Ram Singh sustained injuries. The offending bus at the relevant time was insured with the respondent No. 1, Insurance Company.

(3.) THE Claims Tribunal after recording of the evidence came to a conclusion that Anbai was aged 40 years and was earning Rs. 700/- per month by doing work. Applying the multiplier of 15, the Tribunal awarded a sum of Rs. 94,000/- after holding that the accident was due to rash and negligent driving of the bus driver.