NASRUDDIN Vs. KADIR AHMED

JUDGEMENT

(1.) THERE is an appeal under Section 110 -D of the Motor Vehicles Act, 1939, arising out of the award dated 30 -7 -1982, given by the Member, Motor Accidents Claims Tribunal, Indore, in Claim Case No. 194 of 1979, awarding Rs. 24,000/ - as compensation.

(2.) THE non -applicant No. 1 is' the registered owner of truck the CPE -9140. The non -applicant No. 2 was driving the truck at the time of accident as a servant of non -applicant No. 1. The truck was insured with non -applicant No. 3. All these facts are undisputed.

(3.) ON these pleadings the Tribunal framed as many as six issues and found that Salim met with an accidental death on 30 -9 -1979, as a result of rash and negligent driving by respondent No. 2, who was driving the truck No. CPE -9140. The Tribunal also found the appellant -applicants to be entitled to compensation. Average earning of the deceased Salim was found to be Rs. 250/ - per month and the dependency of the applicants at Rs. 125/ - per month. The technical objection about non -joinder of the scooter driver was not found to have been established on evidence as such rejected.