NEW INDIA ASSURANCE CO LTD Vs. SHAKUNTALA BAI

JUDGEMENT

(1.) APPEAL is directed against the award dated 30. 9. 1992 of 5th M. A. C. T. , Indore passed in Claim Case No. 74 of 1990 whereby the claimant-respondent Nos. 1 to 5 have been awarded a compensation of Rs. 1,92,500 for the death of Mansingh who died in a motor accident on 4. 5. 1990 at about 12. 30 in the night near Manglia. This is not in dispute that the respondent No. 1 is the widow of Mansingh, respondent Nos. 2, 3 and 4 are son and daughters, who were minor at the time of accident and respondent No. 5 is the mother of Mansingh. Mansingh died in a motor accident on 4. 5. 1990 after receiving a dash from truck No. MBN 943 which was owned by the respondent No. 6 and driven by respondent No. 7 at the time of accident.

(2.) THE brief history of the case is that claimant-respondent Nos. 1 to 5 filed a petition with the assertion that Mansingh was going on a motor cycle No. MPO 2267 from Indore to Sukhlia. He was running on the left side; meanwhile the truck No. MBN 943 driven by respondent No. 7 Munshi Patel came on the wrong side and dashed against Mansingh. Mansingh died on the spot. The matter was reported at Police Station Kshipra and a criminal case against the driver was registered. The truck was insured with insurance company, the appellant.

(3.) IT was further asserted that Mansingh was aged about 35 years. He owned 35 acres of land and was keeping 4-5 she-buffaloes and he was also working as a property-broker and a journalist and was earning nearly Rs. 2,50,000 per year. They have claimed Rs. 16,50,000 towards compensation.