PREMBAI Vs. DOULATRAM

JUDGEMENT

(1.) By this common order M.A. No.3096/2013 filed by claimants and M.A.No.2962/2013 filed by the Insurance Company shall be decided.

(2.) These Miscellaneous Appeals under Sec. 173(1) of the Motor Vehicles Act have been filed against the award dtd. 30/07/2013 passed by 12th Additional Motor Accident Claims Tribunal, Bhopal District Bhopal in MCC No.1349/2011, by which learned Tribunal awarded a sum of Rs.4,87,000.00 (Four lakhs eighty seven thousand) to the claimants on account of death of Mangilal.

(3.) The facts necessary for disposal of the present appeals, in short, are that on 10/06/2011 at about 08:00 P.M. when deceased Mangilal was standing at roadside behind Ramdev Mandir, village Jalalpura, at that time non-applicant No.1 who was driving the jeep bearing registration No.MP-39-D-0143 rashly and negligently, dashed the deceased, due to which he sustained grievous injuries and died on the spot. Thereafter, claimants i.e. wife and daughter of the deceased filed a claim petition before the Claim Tribunal, Bhopal alleging that deceased Mangilal was aged about 38 years and earned Rs.6,000.00 (Six thousand) per month by labour work. In the claim petition it was prayed that a sum of Rs.33,25,000.00 (Thirty three lakhs twenty five thousand) be awarded as compensation.