KAMLABAI TIWARI Vs. HUKUMCHAND

JUDGEMENT

(1.) THE appeal is directed against the judgment and award dated 24. 12. 1986 of 1st M. A. C. T. , Indore, passed in Claim Case No. 4 of 1983 whereby the claim petition of appellant widow of the deceased Shiv Prasad Tiwari has been dismissed with a finding that deceased Shiv Prasad who was driving the jeep No. CPO 73 was himself responsible for the accident.

(2.) THIS is not in dispute that respondent No. 1 is the owner of truck No. CPO 8012 and respondent No. 2 was the driver of the vehicle on the date of accident, i. e. , 16. 12. 1982. The said vehicle was insured with respondent No. 3. There was a collision between the jeep and the truck on 16. 12. 1982 and Shiv Prasad died.

(3.) THE claimant's case, in brief, is that deceased Shiv Prasad was working as a driver under the Municipal Corporation, Ujjain. At the time of accident Shiv Prasad was driving the jeep cautiously and keeping it to left side but the truck coming from the opposite direction dashed against it which resulted in injuries to Shiv Prasad. He was taken to M. Y. Hospital, Indore and died of injuries in the hospital itself. Claimant is the widow of Shiv Prasad. She has two sons, Ajay and Tilak, aged about 15 and 10 years respectively who are residing with her. Shiv Prasad was aged 40 years at the time of accident. He was earning Rs. 700/- per month. There was every chance of his serving up to the age of 58 years. Looking to the longevity of the members of the family he was expected to live up to the age of 70 years. Claimant, therefore, prayed for compensation of Rs. 3,00,000/- in all.