LAWS(MPH)-2017-4-91

CHANDRAKANTA GOUR (SMT.) Vs. MADANLAL GOUR

Decided On April 11, 2017
Chandrakanta Gour (Smt.) Appellant
V/S
Madanlal Gour Respondents

JUDGEMENT

(1.) This appeal has been filed by claimants under section 173 of the Motor Vehicles Act, 1988 being aggrieved by the award dated 9th January, 2006 passed by the MACT, Hoshangabad in Claim Case No. 71 of 2002, whereby the learned Claims Tribunal has rejected the claim of the appellants as not proved.

(2.) The learned Tribunal proceeded ex-parte against the respondent No. 1 owner of the offending vehicle.

(3.) The appellants/claimants filed an application for compensation under section 166 of the Motor Vehicles Act, 1988 before the learned Tribunal on the grounds that deceased-Dr. Vijay Singh while driving the TATA-Sumo vehicle bearing registration No. MP04-H-6193 met with an accident, as a result of which he died. The deceased was working as a Doctor and he was having agricultural land, he was earning Rs. 4,20,000/-p.a. The appellant/claimant No. 1 is the wife of the deceased the wife of the deceased and other appellants/claimants are children of the deceased. Respondent No. 1 is the registered owner of the vehicle. The aforesaid vehicle was insured with respondent No. 2. Being dependents of the deceased the appellants claimed compensation to the tune of Rs. 41,51,000/-from the respondents jointly and severally.