DULARI BAI Vs. RAMBABU

JUDGEMENT

(1.) THIS appeal is by the claimant, the mother of the deceased, who had preferred a claim petition under Section 110-A of the Motor Vehicles Act before the Claims Tribunal, Bhind.

(2.) IN this appeal the challenge is to the very low quantum of the award passed in her favour. The broad facts of the case would facilitate further discussion on the contentions raised.

(3.) ON 28. 5. 1973 at about 1. 00 p. m. , the appellant-claimant's son, named, Ramesh Chandra alias Chhunnu while driving the scooter and going towards Lehgaon from Bhind was dashed from behind by the truck No. MPH 7905. At the relevant time Hari Babu, PW 4, was the pillion rider. The deceased and Hari Babu were injured in the accident. The deceased having suffered serious injuries died on the spot. The other injured Hari Babu, PW 4, lodged a report with the police and was medically examined. The said truck was owned by respondent No. 1, driven by respondent No. 2 and insured with respondent No. 3. The appellant-claimant alleged that it was due to the rash and negligent driving of respondent No. 2 that the accident occurred. The claimant was solely dependent on the income of her only son, the deceased. With these allegations, the claim petition was filed praying for the grant of an award of Rs. 60,000/- as compensation.