POONAM SINGH Vs. KAMLA

JUDGEMENT

(1.) THIS appeal is directed against the award dated 21. 1. 1986 of M. A. C. T. , Dhar, passed in Claim Case No. 17 of 1984 whereby the claimant-respondent Nos. 1 to 7 have been awarded a compensation of Rs. 42,000/- for the death of Khurpia, husband of respondent No. 1 and father of respondent Nos. 2 to 7 in a motor accident on 8. 12. 1983 on the Manwar Singhana Road, absolving the respondent No. 9 of the liability of payment of compensation and the appellant owner of the vehicle was directed to make good the loss.

(2.) THE brief history of the case is that deceased Khurpia was dealing with the wholesale business of seasonal fruits like banana, etc. He used to purchase unripe bananas and on getting them ripe on furnace, used to sell them. On the date of accident, deceased Khurpia had purchased bananas in wholesale from non-applicant No. 2 (the appellant here), the owner of the tractor and was carrying it to village Singhana in the tractor and trolley. He was also occupying one seat in the tractor and trolley as the owner of the goods. One Ballu was also travelling along with him in the tractor. The tractor was rashly and negligently driven by non-applicant No. 1 (respondent No. 8 here ). The tractor turned turtle. The deceased Khurpia fell down, sustained injuries, was taken to hospital and was declared dead. The matter was reported and criminal case was registered against non-applicant No. 1 (respondent No. 8 here ).

(3.) IT was further claimed that Khurpia was earning nearly Rs. 500/- p. m. , he was aged 45 years and all these claimants who are the wife and children of the deceased were wholly dependent on the deceased and they had to suffer loss of consortium, mental agony and loss of love and affection, as such they claimed a sum of Rs. 1,22,000/- as compensation. The tractor was insured with non-applicant No. 2 (respondent No. 9 here ).