MANAKLAL Vs. HAJARILAL

JUDGEMENT

(1.) THIS appeal is directed against the award given by Shri S.P. Shrivastava, Second Member, Motor Accidents claims Tribunal, Indore in Claim case No. 34 of 81 on 22.7.1982.

(2.) THE facts leading to this appeal, in short, are that the appellants filed a claim petition under Section 110-A of the Motorr Vehicles act before the lower Tribunal alleging that on 7.11.80 at about 11.30 a.m. the son of the claimants named Manohar was standing in front on the Roadways Booking Office at Sanwer. At that time respondent No. 2 Lokendra-kumar driving the bus CPO-9035 approached the spot driving the vehicle rashly and negligently and so driving dashed the bus against the deceased Manohar from the front side of the vehicle. As a result of the impact Manohar was thrown at a distance of 15 to 20 ft and received injuries on the head, chest and other parts of the body and later on 11.11.80 he succumbed to the injuries in M.Y. Hospital. Manohar, at the time of his death, was 17 years of age, unmarried and was engaged in the business of running a hotel from which he was getting about Rs. 600/- per month. The appellants were dependent on the income of the deceased. Therefore a claim for getting compensation of Rs. 50,000/- was made against all the respondents, the respondent No. 1 being the owner of the vehicle at the time of the accident, respondent No. 2 being the driver of the vehicle in the employment of respondent No. land respondent No. 3 being the Insurance Company with which the said vehicle was insured.

(3.) ON the aforesaid pleadings the lower court framed five issues to decide the claim petition and it held that the applicants are the legal representatives of the deceased Manohar and that the accident was caused due to the rash and negligent driving of the vehicle by the non-applicant No. 2 and consequently the applicants were held entitled to get compensation of Rs. 14,000/-. It is against the inadequancy of the compensation that the claimants have filed this appeal.