UDAY CHAND JAIN Vs. SUKHVILAS JAIN

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 from the award dated 30. 3. 1995 passed by the 1st Motor Accidents Claims Tribunal, Ujjain in Claim Case No. 5 of 1993 awarding compensation in the sum of Rs. 3,70,905/- to the respondents-claimants in a fatal accident action.

(2.) THE respondents-claimants are the mother, widow and children of Saubhag-mal, aged 38 years who died in a motor accident that occurred on 21. 10. 1992 at Nagda, District Ujjain, involving a tanker owned by the appellant No. 1 driven by the appellant No. 2 and insured with the appellant No. 3, the New India Assurance Co. Ltd. for third party risk.

(3.) THE deceased Saubhagmal at the time of his unfortunate death was employed with Bharat Commerce Industries on a monthly salary of Rs. 1,565. 69. These facts along with the finding of the Tribunal that the accident occurred due to actionable negligence on the part of the driver of the vehicle are not disputed before us.