SAHODRA DEVI Vs. RAMNARAYAN SATYANARAYAN

JUDGEMENT

(1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act (hereinafter referred to as 'the Act') against the award dated 12. 3. 1987, passed in Claim Case No. 21 of 1986 by Motor Accidents Claims Tribunal, Bilaspur.

(2.) THE appellant had filed a claim petition under Section 110-A of the Act before the Claims Tribunal, Bilaspur, claiming Rs. 60,000/- on account of the death of her husband, late Hanuman Prasad Agrawal, due to rash and negligent driving by respondent No. 2, Pritam Singh, who was driver of truck No. MTG 3178. The truck is owned by respondent No. 1, firm. It is insured with respondent No. 3, New India Assurance Co. Ltd. Respondent No. 4, Gyarsilal, is the son of late Hanuman Prasad. Respondent Nos. 2 and 4 remained ex parte before the Claims Tribunal.

(3.) CASE of the appellant is that her husband Hanuman Prasad was working as Munim with the respondent No. 1. In the intervening night of 31. 5. 1984 and 1. 6. 1984 he was crushed by the truck No. MTG 3178, which was being driven by respondent No. 2, Pritam Singh, rashly and negligently. Consequently, he died on account of the said accident on 1. 6. 1984 at about 7 a. m. The age of the deceased on the date of accident was 50 years. He was earning Rs. 700/- per month. He could have lived at least upto 70 years. She, therefore, claimed an amount of Rs. 60,000/ -.