LAJWANTI Vs. KESHAV PRASAD SONI

JUDGEMENT

(1.) THIS appeal, under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') is by the claimants aggrieved by the quantum allowed to them, by an award dated 17-11-1977, passed in M.A.C.C. No. 32 of 1974, by the Court of Shri N.K. Singh, Motor Accident Claims Tribunal Jabalpur.

(2.) FACTS , in brief, are that on 28-8-1974, at about 10-30 p.m., deceased Sardar Indrajeet Singh, aged about 23 years, while driving tempo MPJ 4495, met with an accident, on collision with Truck MPJ 1352, owned by respondent No. 1, Keshav Prasad and driven by Sk. Hafeez respondent No. 2 at the crossing point of the two roads in Napier Town, Jabalpur. The deceased succumbed to the injuries in the Victoria Hospital at about 3.40 a.m. on 29-8-1984. The two claimants No. 1 and 2, mother and father, aged 40 and 50 respectively, submitted that the deceased was earning Rs. 400/- p.m., and after spending Rs. 100/- p.m. on himself, used to contribute Rs. 300/- each month. They also submitted that the deceased would have lived upto the age of 90 years like his grand father. Even if, the normal age of the deceased was taken to be 73 years, the deceased would have lived at least for another 50 years. They claimed compensation of Rs. 1,80,000/-.

(3.) ON an application made under Section 110-C(2A) of the Act, the Claims Tribunal, by its order dated 24-15-1975, allowed the Insurance Company to contest the claim on all grounds.