DIVISIONAL FOREST OFFICER Vs. GOTIYA @ GATTIYA

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act 1939 (hereinafter referred to as 'the Act' is directed against the award dated 30-7-1979 made by the Motor Accident Claims Tribunal, Mandleshwar in Claim Case No. 20 of 1978.

(2.) IT is not in dispute that the M.P. State Government's jeep bearing registration No. MPZ 4703 was under the control of the appellant, the Divisional Forest Officer, Barwani and was involved in an accident on 2-2-1976, resulting in the death of Shantilal aged 7 or 8 years. Respondent No. 1 aged 30 years is the father and the respondent No. 2 aged 25 years is the mother of the deceased. The respondent No. 3 Salim Khan was in the employment of the State Government and was driving the jeep in question at the relevant time.

(3.) SECTION 110-B of the Act lays down that the compensation has to be just. In the decision in United India Insurance Co. Ltd. v. P.I. and Ors. 1982 ACJ 521 it has been pointed out that Section 110-A of the Act contemplates compensation for the death or injury and not any substitute for the loss of income and the compensation has to be just and has to be ascertained in a fair and reasonable manner.