KAPORI DEVI Vs. BIDHARAM KOLI

JUDGEMENT

(1.) THIS order shall also govern disposal of M. A. No. 179 of 2001 (Munna Singh v. Bidharam Koli ). Both the appeals under section 173 of Motor Vehicles Act, 1988 (in short 'the Act'), arise out of a common award dated 22. 3. 2000 passed under section 168 of the Act by the sixth Additional Motor Accidents Claims tribunal, Gwalior (in short 'the Tribunal')directing the payment of compensation of rs. 4,97,440 in Claim Case No. 34 of 1998 and Rs. 2,74,000 in Claim Case No. 36 of 1998.

(2.) FACTS giving rise to these appeals are thus: on 20. 7. 1998 at about 8 p. m. deceased hannu Kushwaha, who was working as gangman was waiting for a bus at Jalalpur square. At that time an auto bearing registration No. MP 07-A 1418 driven by Pawan lodhi came and the deceased have fixed the fare and sat in the auto. When the auto reached near Sharma Farm, Sanvida Gas godown, Gwalior at 8. 30 p. m. at that time tanker owned by respondent No. 2 bearing registration No. CPG 4595 coming from gole Ka Mandir side was driven by Bidharam Koli, respondent No. 1, in a rash and negligent manner dashed against the said auto, causing several multiple injuries to all the three persons which included two passengers, who were travelling in the said auto and auto driver. Hannu Kushwaha and badri Kirar, who were travelling in the auto died on the spot. Pawan Lodhi sustained severe injuries, he was immediately taken to the hospital, but during treatment he died.

(3.) THE legal heirs of deceased Hannu kushwaha filed claim petition under section 166 of the Act before the Tribunal against the owner, driver and insurer of tanker claiming compensation to the tune of Rs. 15,44,200 on the ground that at the time of accident deceased was aged 38 years and was working as a gangman in cpwi Department of Railways and his salary was Rs. 4,905 per month.