RAMNIWAS Vs. SUMITRA BAI

JUDGEMENT

(1.) THIS judgment shall also govern the disposal of Misc. Appeal No. 131 of 84 (National insurance Co. Ltd. v. Ramniwas and Ors.) as both these appeals are directed against the same award dated 20th January, 1984 passed by the Member of Motor Accidents Claims Tribunal, Ujjain in claim Case No. 42 of 82, whereby be has awarded a total compensation of Rs. 96,000/- plus costs and interest.

(2.) MISC . Appeal No. 63 of 84 has been filed by the owner of the vehicle for reduction of the amount of compensation on the ground that it is heavy and inflated.

(3.) THE facts of the case leading to these appeals may be stated, in brief, thus: Ramniwas s/o Tiratbram is the owner of truck No. MPI-3189 of which on the relevant day of the accident, which took place on 1-2-82, Motilal s/o Prema was its driver. The said truck was insured with the National Insurance Co. Ltd. claimant Surajbai is the mother of the deceased Mansingh. claimant Sumitra Bai is his widow and claimants Dilip Singh, Mamta and Mahendra are his minor children. Antar Singh (A.W. 4) is the brother of deceased Mansingh.