SOMLA Vs. RAMPURI

JUDGEMENT

(1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act, 1939, against the award dated 7. 11. 1985 passed by Mr. V. D. Bajpai, Member, Motor Accidents Claims Tribunal, Jhabua, in Claim Case No. 20 of 1985. The appeal is for enhancement of the award which has been granted to them by the Tribunal.

(2.) BEFORE the Tribunal, the appellants had claimed a sum of Rs. 3,25,000/- only and the Tribunal had awarded a sum of Rs. 18,000/- to the appellant Nos. 3 and 4 only against the non-applicants and had dismissed the remaining claim. However, in appeal the claimants have now confined their claim to Rs. 1,00,000/- only.

(3.) FEW facts which may be material to the present appeal are narrated herein-below: One Dalia was working as a coolie in truck bearing registration No. MPM 3581 which was owned by the respondent No. 2 and was being driven at the relevant point of time by the respondent No. 1. The said truck was insured with the respondent No. 3, the Oriental Fire and General Insurance Co. Ltd.