BEBIBAI Vs. SHANTILAL

JUDGEMENT

(1.) THE appeal is directed against the judgment and award dated 7.3.1986 of Motor Accident Claims Tribunal, West Nimar, Mandleshwar, in claim case No. 6/84, whereby the claimants-appellants have been awarded a compensation of Rs. 32,000/- in all.

(2.) THE brief history of the case is that deceased Mohanlal was working as second driver for motor truck No. MPI 4841 and the same was owned by respondent No. 2 and was driven by second driver respondent No. 1. The vehicle was ensured with respondent No. 3. It is alleged that Shantilal was driving the vehicle at the relevant time. He was so rash and negligent in driving the vehicle that the truck left the road, turn turtle. Mohanlal came beneath the truck, sustained injury and died in consequence thereof. As such the claimants filed claim petition for getting compensation of Rs. 4,25,000/-. Claimant-appellant No. 1 is the widow, claimant Nos. 2 & 3 are father & mother of the deceased. Claimant Nos. 4, 5 & 6 are brothers and sisters of the deceased. The respondents Nos. 1 & 2 were proceeded ex parte. However respondent No. 3, Insurance Company contested the case and pleaded that Shantilal did not have a valid driving licence.

(3.) THE contention of the learned Counsel for the appellants is that the learned Tribunal has assessed the dependency on the lower side and further applied multiplier of 7 which is also on the lower side. As the claimant Nos. 1 is young widow, the deceased was eldest son of claimant Nos. 2 & 3 and they had a chance of further survival at least for 25-30 years.