VIDHUSHI Vs. GITA

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act, 1988, assails the award dated 13. 5. 2005 in Claim Case No. 93 of 2004 passed by the Twelfth M. A. C. T. , Indore insofar as it awards only a sum of Rs. 21,80,000 for the death of Commander Rajbahadur Singh parmar in motor accident as against the claim of Rs. 1,50,00,000.

(2.) ON 14. 1. 2004, Commander Rajbahadur Singh, his daughter Shreya and Prakash Chauhan, her daughter Chandrika and Jainu were travelling in Toyota Qualis bearing registration No. DL 9c-G 4775 from Delhi to Indore. Vehicle was being driven very carefully by its driver but near guna, a truck bearing registration No. MP 07-G 1352 came from the opposite direction being driven rashly and negligently and collided with the said Toyota Qualis. The six persons travelling in the vehicle died. A report of the incident was made to the police and a case was registered against its driver.

(3.) CLAIMING that salary of Commander rajbahadur Singh Parmar was Rs. 28,260, his widow and others, appellant Nos. 1 to 4 filed this appeal for recovery of compensation in the sum of Rs. 1,50,00,000.