MAHANT SHYAMDAS GURU MOHANDAS Vs. LALARAM M KORI

JUDGEMENT

(1.) IN this appeal preferred under section 173 of the Motor Vehicles Act, 1988 (for brevity 'the Act' substantiality and legal acceptability of the award passed by the Additional Motor Accident claims Tribunal, Sonkutch, District dewas (for short 'the tribunal') in Claim Case no. 99/97 dated 30-9-1997 is called in question by the claimant/appellant (hereinafter referred to as 'the claimant' ).

(2.) THE facts which are imperative to be exposited for adjudication of this appeal, in essence, are that Mahant Harnamdasji was proceeding to Allahabad from Indore along with other Sadhus and his Guru Mahant poorandas on 8-1-1995 in a Jeep bearing registration No. MP-09 H-4768. The first respondent, Lalaram, the driver of the Jeep due to his rash and negligent driving lost control over the vehicle as a consequence of which the same got dashed against a 'palash' tree. In the accident Harnamdas breathed his last on the spot. One Devchandra sustained injuries and eventually expired on 15-1-1995 at Choithram Hospital, Indore.

(3.) THE claimant, Mahant Shyamdas, initiated an action under Section 166 of the act contending, inter alia, that he was the "guru Bhai", the spiritual brother of deceased. Harnamdas who was earning about rs. 20,000/- per year from donation and from performance of religious rites and rituals. It was put forth that the claimant had performed the funeral rites of said harnamdas and immense loss had been caused to him inasmuch as he had lost his source of sustenance and also suffered mental agony. On the aforesaid base he claimed compensation for a sum of Rs. 5,60,000/ -.