SUKKHO BAI Vs. JANAK RAJ

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Jabalpur in M.V.C. No. 57 of 1995 dated 12.1.1996.

(2.) Shortly stated, when Gulab Kachhi (deceased) was getting down from Tempo on 8.7.1993 at about 4.30 p.m., jeep No. MUK 91 owned and driven by Janak Raj and insured with United India Insurance Co. Ltd., hit the deceased resulting in serious injuries. He was shifted to the hospital where he died on 10.7.1993.

(3.) The allegation is that the accident took place due to rash and negligent driving of the jeep by the driver. The deceased was 50 years old with good health. He was the sole earning member of the family and was earning Rs. 60-70 per day. He could live up to 70 years. The compensation of Rs. 3,60,000 with interest at the rate of 18 per cent per annum has been claimed. The owner-driver states that he was not driving the jeep nor the deceased was alighting from Tempo. He was not hit by him, nor was he driving the jeep rashly and negligently. The compensation claimed is also excessive. The claimants are not entitled to interest. Insurance company is liable to pay the compensation.