SARJUBAI Vs. RAJENDRA SINGH

JUDGEMENT

(1.) THIS is an appeal directed against the award passed by the Motor Accidents Claims Tribunal, Shajapur, dated 14. 12. 1979 in the Claim Case No. 11 of 1977 by the claimants, widow and two sons of the deceased Chunnilal, who died as a result of injuries sustained in a motor accident on 6. 3. 1977, having been hit by a motor cycle bearing registration No. CPE 3547 which was being driven by the respondent No. 2, an employee of a partnership firm, respondent No. 1, which was the owner of the motor cycle.

(2.) THE facts giving rise to this appeal, briefly stated, are as follows: On 6. 3. 1977, the date of the accident, while the deceased Chunnilal was going on the road he was hit by a motor-cyclist, respondent No. 2, Anandrao, who was approaching the deceased from behind. The respondent No. 2 Anandrao was an employee of respondent No. 1 and was driving the said motor cycle bearing registration No. CPE 3547 belonging to and with the permission of the respondent No. 1. The owner of the motor cycle stood insured with the insurance company, respondent No. 3. As a result of this accident, the deceased sustained serious injuries on his head and body and had to be removed to the hospital. He remained under treatment in Civil Hospital, Shajapur and died on 9. 3. 1977 as a result of the injuries sustained in the accident.

(3.) THE widow and the two sons of the deceased Chunnilal filed the instant claim petition against the owner, driver and the insurance company before the Motor Accidents Claims Tribunal, Shajapur, alleging that the deceased Chunnilal was 52 years of age and was earning Rs. 500/- per month at the time of the accident which occurred due to rash and negligent driving of the vehicle by respondent No. 2 and claimed a total compensation of Rs. 1,00,000/- with interest in respect of the death of the deceased Chunnilal. The respondents, owner and driver of the motor cycle and the insurance company, resisted the claim.