BRIJLAL VANSHKAR Vs. VIJAY SINGH TOMAR

JUDGEMENT

(1.) Appellants-claimants have come forward with this appeal

(2.) The facts giving rise to this appeal in short are that the appellants herein filed the claim petition under section 166 of the Motor Vehicles Act contending that Smt. Rajwati aged 28 years the wife of appellant No. 1 while the mother of remaining appellants died in the road accident happened on 21-11-2006, due to rash and negligent driving of the tractor bearing Registration No. M.P. 32 AA-0185 by respondent No. 1. As per further averments, the tractor was registered in the name of respondent No. 2 while the same was insured with respondent No. 3/insurance company. The deceased Rajwatibai besides looking after the children and family affairs was also working as agricultural labour and was used to spend her income on the appellants and her family members. Due to untimely death of Rajwati, the appellants have deprived from her dependency while the appellants No. 2 to 4 also deprived from the love and affection of their mother. As per further averments, from aforesaid affairs and labour, the deceased was earning Rs. 3,000/- to Rs. 4,000/- per month. With these averments, the claim was filed for the compensation of Rs. 14,90,000/- along with interest @ of Rs. 10 percent per annum.

(3.) In reply of respondent No. 2 by denying the averments of the claim petition, in addition it is stated that the deceased being unemployed was not involved in any business as such she being a household lady was not the earning member of the family. The deceased sustained the alleged injuries on falling down her dilapidated house on her and she succumbed to such injuries. In order to get the sum of compensation the claim has been filed on false averments. In alternative, it is submitted that on holding any liability against the respondents No. 1 & 2, the same be saddled against the respondent No. 3/insurance company as the vehicle was duly insured with it.