JOGENDRA SINGH Vs. GULSHERKHAN

JUDGEMENT

(1.) THIS order shall also govern the disposal of Misc. Appeal No. 157 of 1983 (Rajpal and Co. v. Gulsherkhan ).

(2.) THIS is an appeal filed by the owner of the offending vehicle (tractor-trolley) bearing registration No. MPN 6300 against the award dated 4. 4. 1983 made by the Member, Motor Accidents Claims Tribunal, Mandleshwar, in Claim Case No. 35 of 1980 whereby the learned Tribunal has awarded a total compensation of Rs. 18,000/- in respect of the death of the deceased employee Mukhtyarkhan, who died in the motor accident on 16. 12. 1979, while driving the said tractor.

(3.) THE facts of the case, giving rise to this appeal, briefly stated, are as follows: The deceased Mukhtyarkhan was in the employment of the appellant at the petrol pump belonging to the appellant Jogendra Singh s/o Tejasingh Rajpal under the name Rajpal and Company on a salary of Rs. 210/- per month for retail sale of petrol and for driving the tractor, etc. On 16. 12. 1979, the date of accident, the tractor-trolley bearing registration No. MPN 6300 was being driven by the deceased Mukhtyarkhan on Sendhwa-Barla Road for fetching wood. He met with an accident and suffered serious injuries. He was removed to the District Hospital at Barwani for treatment, but he succumbed to his injuries and died in the hospital on 17. 12. 1979.