UNITED INDIA INSURANCE CO. Vs. RUKMABAI

JUDGEMENT

(1.) THIS order shall also dispose of the Misc. Appeal No. 55 of 1981 filed by the Insurer against the one and the same award dated 17.11.1980 passed by the Motor Accident Claim Tribunal Ratlam in Claim Case No. 16 of 1977.

(2.) IT may be stated at the out set that the appeal No. 26 of 1981 is by the owners of the accident vehicle and the other appeal is by the insurer. The claimants have filed cross-objections.

(3.) ACCORDING to the petition, the accident had occurred due to the negligence of Shivlal who at the relevant time was driving the tractor at excessive speed and had lost control over it when he was faced with a cow on the road. It was stated in the petition that the deceased was an agriculturist and also a mlik vendor and used to make a net income of Rs. 5,000/- per year and looking to the history of longevity in the family, he would have lived upto the age of 90 years. Claim for compensation was laid as under: