HEMLATA DEVI Vs. GURUDAYAL

JUDGEMENT

(1.) THIS order shall also govern the disposal of Misc. Appeal No. 57/76 (Gurudayal Singh and Ors. v. Smt. Hemlata Devi and Ors.).

(2.) THE present appeal by the two legal representatives of the deceased Bhupendra who died as a result of accident with Truck No. MHS 6461 is directed against the award dated 22-1-1976 passed by the learned Member, Motor Accident Claims Tribunal, Indore. The other connected appeal aforesaid has been filed by the Truck owner, driver and the insurer against the said award.

(3.) THE learned Tribunal held that the truck driver-respondent No. 2 caused the accident by rash and negligent driving of the truck as a result of which the deceased Bhupendra died. As regards the quantum of compensation, the learned Tribunal determined the amount as Rs. 41,400/-. It held that the monthly dependency of the widow Hemlata, mother Mangalaben and minor daughter Manisha amounted to Rs. 500/- and using the multiplier of 10, determined , the amount of compensation as Rs. 60,000/-. Out of this, the learned Tribunal deducted Rs. 10,000/-, being the insurance amount payable on account of death of the deceased who was insured and Rs. 8,600/- being 1/3rd of the value of scooter parts store on account of the accelerated succession due to accidental death of the deceased. The limit of liability of the Insurance Company was found to be Rs. 50,000/- as per the Insurance Policy placed on record.