DHURIBAI Vs. LALSINGH

JUDGEMENT

(1.) This appeal has been filed by the appellants against the award dated 20.10.2000, passed by the Member, Second Motor Accidents Claims Tribunal, Mandsaur, in Claim Case No. 64 of 2000.

(2.) On 11.5.2000, Shobharam and Pratapsingh were travelling in the trolley No. MP 14-G 2480 attached to tractor No. MP 14-K 5563 along with their agriculture produce to Daloda. The tractor was being driven by respondent No. 1 in the capacity of driver, who drove it so rashly and negligently near a culvert on the road between village Guliyana and Dhundhadka that the trolley attached to it overturned and Shobharam, who was sitting in the trolley was pressed under it and he succumbed to the injury sustained by him. Pratapsingh who was also sitting in the trolley sustained injuries in the accident.

(3.) The appellants being representatives of the deceased filed a claim petition for awarding them compensation for the loss caused to them due to the death of the deceased Shobharam, because they were dependent on the deceased and they have been deprived of his income, company and love and affection. They claimed a total sum of Rs. 13,61,000 as compensation. Pratapsingh also filed a claim petition for compensation for the injuries sustained by him. Learned Member, Second Motor Accidents Claims Tribunal, Mandsaur (M.P.), by the common award dated 20.10.2000 passed in both the aforesaid claim cases numbered as M.A.C.C. Nos. 64 and 70 of 2000 respectively, allowed in part the claim of the appellants and awarded them Rs. 4,06,000 as compensation. Appellants feeling the amount of award to be insufficient have filed this appeal under section 173 of Motor Vehicles Act for enhancing the sum awarded to them.