SHANTI DEVI CHOUHAN Vs. RAMJIVAN AGRAWAL

JUDGEMENT

(1.) THIS is an appeal against the award dated 22. 11. 1994, passed in Misc. Case No. 43 of 1989 by Motor Accidents Claims Tribunal, Bastar, Jagdalpur.

(2.) THE appellant is the mother who lost her only surviving son Pratapverdhan, aged 18 years on 1. 1. 1989, when he was going on a motor cycle No. MBY 5759 with a pillion rider Raj Kumar Awasthy, which was dashed by the truck bearing No. MBR 9274, driven by respondent No. 2, owned by respondent No. 1 and insured with respondent No. 3. Due to the dash, motor-cyclist and the pillion rider fell down and died at the spot.

(3.) APPELLANT claimed compensation of Rs. 6,00,000 from the respondents on the averment that the deceased was the only male member in the family which consists of the appellant, the widow of the elder brother of the deceased and their minor daughter. The deceased was earning Rs. 36,000 yearly, i. e. , Rs. 20,000 from agriculture and Rs. 16,000 from hauler mill. He was spending Rs. 6,000 on himself and used to give Rs. 30,000 for family expenses. After the death of the son, the appellant had to engage labour to look after the agriculture and to run the hauler mill.