INDIRABAI Vs. M P RAJYA PARIVAHAN NIGAM BHOPAL

JUDGEMENT

(1.) The claimant-appellants have filed this appeal under S.110-D of the Motor Vehicles Act against an award dt. 15th May, 1982 passed by the Motor Accidents Claims Tribunal, Mandleshwar in Claim Case No. 11 of 1985, whereby he has dismissed the claim for Rs. 1,00,000/-.

(2.) The facts giving rise to this appeal, may be stated in brief, thus : The deceased Sadashiv was travelling in an MPSRTC Bus No. CPH-8096 and was going from Indore to Nasik. The said bus was driven by Usman Gani, respondent 2. When the bus reached near village Baroo, truck No. DHG-5400 came from the opposite direction. The said truck was owned by respondent 3 Kuwarjeet Singh and was being driven by respondent 4 Uttamsingh. The said truck was insured with respondent 5 the Oriental Fire and General Insurance Co. Ltd. A collision took place between the bus and the truck and Sadashiv received injuries in his right hand as a result of which the same had to be amputated. The said accident took place on 27-4-77. However, despite the amputation of his right hand, because of the pus formation therein Sadashiv was being treated for about two years, but ultimately he died on 23-7-79. All these facts are not disputed.

(3.) The appellants are the legal representatives and dependants of the deceased-appellant 1 being his widow and appellants 2 to 6 being his children.