PRAHALAD RAI Vs. SHASHI KORI

JUDGEMENT

(1.) THE owner appellant, aggrieved by the award dated 2. 2. 2001 passed in Claim Case No. 15 of 2000 by the Second Additional Motor Accidents claims Tribunal, Shahdol (in short, 'the tribunal') has preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (for brevity, 'the Act' ).

(2.) THE facts which are essential to be stated are that the respondent Nos. 1 to 3 as claimants preferred the application for grant of compensation of Rs. 24,30,000 before the Tribunal for the death of Kailash prasad Kori, the husband of the respondent No. 1 and father of respondent No. 3 and son of respondent No. 2 on the ground that he died in a vehicular accident on 16. 3. 99, while he was working as a cleaner in the vehicle bearing registration No. MP 020-D 0953. It was urged before the Tribunal that he was aged about 24 years and was getting Rs. 2,800 from the job of the cleaner and doing the work of carpenter and contributing Rs. 1,500 per month to the family. It was further urged that he would have lived up to 80 years of age and hence, the amount of Rs. 24,30,000 was awardable as compensation.

(3.) RESPONDENT Nos. 4 and 5 therein filed their written statement before the Tribunal putting the entire blame on the owner. The owner appellant filed his objection stating, inter alia, that deceased was not working as a cleaner in the vehicle in question and in any case, if he was found liable the vehicle being insured, the insurance company would be liable to indemnify the owner.