SAJANBAI Vs. ILLIAS MOHAMMAD

JUDGEMENT

(1.) THE appeal is directed against the judgment and award dated 25. 6. 1993 of the Motor Accidents Claims Tribunal, Mhow, District Indore, passed in Claim Case No. 96 of 1987 whereby the claimants-appellants have been awarded compensation of Rs. 66,300 for the death of Mangilal, predecessor in interest of claimants and for damage to the motor cycle owned by the deceased.

(2.) BRIEF history of the case is that Mangilal was going from Kadampur to Mhow on his motor cycle bearing No. MPN 9017 in the morning of 9. 11. 1985. When he was about to cross the village, motor truck No. MBO 1632 came at high speed and dashed with the motor cycle by coming to the wrong side. Mangilal sustained injuries. Motor cycle was damaged. Mangilal was taken to hospital but he died on the way.

(3.) THE claimants-appellants thereafter filed claim petition with the assertions that the accident occurred due to rash and negligent driving of vehicle driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3. It was further stated that Mangilal was aged 50 years at the time of said accident. He was having a tractor and trolley for conducting agricultural operations and owned about 20 acres of land. A person had to be employed for conducting agricultural operations on a salary of Rs. 600 per month and one more person at a salary of Rs. 300 has been engaged for looking after the fields and crops grown in the field. They further claimed a sum of Rs. 10,000 for damage to the motor cycle and for loss of consortium and love and affection. In all total compensation of Rs. 1,50,000 (Rs. one lakh fifty thousand) was claimed.