BADDIBAI Vs. BALVINDRA SINGH

JUDGEMENT

(1.) THE appeal is directed against the judgment and award dated 19. 11. 1985 of the Motor Accidents Claims Tribunal, Jhabua, passed in Claim Case No. 66 of 1984 whereby the claimants-appellants were awarded compensation of Rs. 15,000/-for the death of Somji Parmar, resident of Machhaliya.

(2.) THIS is not in dispute that claimant-appellant Baddibai is the widow of Somji and claimant-appellant Nos. 2 to 6 are the sons and daughters of deceased Somji. Somji died in the motor accident on 1. 11. 1984 at about 1. 00 p. m. in village Machhaliya. It is alleged that Somji was standing in front of the tea-stall, meanwhile truck No. GDR 15684, driven by respondent No. 1, owned by respondent No. 2 and insured by respondent No. 3 came with a high speed. It struck Somji who sustained injuries and died in consequence thereof. This claim petition was filed on 19. 11. 1984. Respondent Nos. 1 and 2 remained exparte before the Tribunal and they remained so here also. Respondent No. 3, insurance company, contested the claim.

(3.) THE learned Tribunal has awarded Rs. 15,000/- as compensation with interest at the rate of 6 per cent per annum. Hence this appeal for enhancement.