LEELA BAI Vs. MUNNA LAL

JUDGEMENT

(1.) THESE three appeals arise out of the same judgment and order dated 9. 1. 1995 passed by the Vth Addl. Motor Accidents Claims Tribunal, Gwalior.

(2.) THE three appeals are being disposed of by this common judgment. M. A. No. 146 of 1995 shall be the leading case.

(3.) THE undisputed facts are that one tanker No. MPG 9619 was owned by respondent No. 2, Kanhaiya Lal. Respondent No. 1, Munna Lal, was the driver of the tanker. The tanker was insured with respondent No. 3. On 21. 8. 1991 at about 8. 15 a. m. , Gulab Chand, one of the claimants, and his son, Suresh Chandra, the other claimant and one Suraj Singh (deceased) were going towards Malanpur factory on moped No. M/80. Gulab Chand was driving the moped. Near Gole Ka Mandir, the said tanker dashed the moped while being driven rashly and negligently. In that accident, on account of the tanker being driven rashly and negligently, Suraj Singh died on the spot and Gulab Chand and Suresh Chandra were injured. The first set of appellants Leela Bai, Prakash Singh, Mahendra Singh and Uma are the heirs of deceased Suraj Singh. Suraj Singh was said to have been an electrician, earning Rs. 70/- per day. A claim was put by his heirs for Rs. 4,90,000/ -.