LAWS(MPH)-1994-5-8

GOMATI Vs. SARMAN

Decided On May 10, 1994
GOMATI Appellant
V/S
SARMAN Respondents

JUDGEMENT

(1.) HEARD counsel.

(2.) DECEASED Vijay Singh (M. A. No. 55 of 1992), aged 28 years and deceased Banwari Lal (M. A. No. 56 of 1992), aged 24 years, died in a motor accident on 27. 9. 1988 at about 7. 00 p. m. while they were going on their bicycles from Morena city to their villages on Sabalgarh road. Truck No. CPG 68, which was being driven rashly and negligently by respondent No. 1 during the course of employment of respondent No. 2, dashed against their bicycles. The said truck was insured by respondent No. 3 with an unlimited liability.

(3.) THE Motor Accidents Claims Tribunal, Morena, (for short, 'the Tribunal'), in Claim Case No. 46 of 1989, for the death of Vijay Singh, taking the multiplicand of Rs. 350/-per month and yearly of Rs. 4,200/-, multiplied by 15 = Rs. 63,000/- plus Rs. 10,0007- towards special damages and Rs. 600/-, the damage to the bicycle, in all Rs. 73,600/-, determined as compensation and after deducting 15 per cent towards lump sum payment, awarded the compensation.