STATE OF MADHYA PRADESH Vs. MADHUKAR

JUDGEMENT

(1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act against the award dated 7. 4. 1984 passed by the Motor Accidents Claims Tribunal, Seoni, in Motor Claim Case No. 20 of 1983. The respondents have also filed cross objection for grant of the balance amount claimed.

(2.) THE deceased Prashant Madhukar Deshmukh was working as a Supervisor in Milk Collection Scheme, Seoni. On 28. 12. 1982, the deceased had gone to Lakhuadaun in Government vehicle No. MPZ 5951 belonging to the appellants. The vehicle was being driven by the driver Latif. The appellant Nos. 1 to 3 are the owners of the vehicle. Near village Chhapara, about 32 km. away from Seoni, the vehicle dashed against a big tree. The deceased received serious and fatal injuries. Consequently he died on the spot. The driver Latif also died on the next day. Respondent No. 1, Madhukar, is the father and the respondent No. 2, Shobhana, is the mother of the deceased Prashant. The respondent Nos. 3 to 6 are brothers and sisters of the deceased Prashant. The respondents filed a claim petition under Section 110-A of the Motor Vehicles Act claiming Rs. 1,44,000/- against the non-applicants/appellants. The appellant Nos. 1 and 2 did not file their written statement. The case proceeded ex parte against them. The appellant No. 3 only filed the written statement. He denied that the deceased Prashant was getting the monthly salary of Rs. 675/ -. It was also denied that he was contributing Rs. 400/- per month towards maintenance of the applicants/ respondents.

(3.) THE Claims Tribunal has awarded Rs. 54,000/- against the appellants. Hence this appeal by the non-applicants/appellants.