JASODABAI Vs. SHRIRAM

JUDGEMENT

(1.) THIS Order shall also dispose of MA. No. 43/88. Both these appeals arise out of the judgment and award dated 18.12.1987 of Member, Motor Accident Claims Tribunal, Mandleshwar, passed in Claim Case No. 74/85, whereby the claimants (appellants in M.A. No. 39/88) have been awarded a compensation of Rs. 20,000/- in all for the death of Fakirchand on 27.12.1984, in a motor accident with a further direction that all the respondents are jointly and severally liable to make payment.

(2.) THIS is not in dispute that on the date of accident i.e., 26.12.1984 Fakirchand was going on his bicycle while motor cycle No. CPO-440 was being driven by N. A. No. 1 Shriram, who was in actual possession of the motor cycle on the date of incident. Fakirchand sustained injuries and died in consequence thereof. The motor cycle was registered in the name of the Ramesh Chandra (N. A. 2). The same allegedly was transferred to Shriram as contended by Shriram and admitted by Ramesh Chandra. Claimant No. 1 is the widow of deceased while claimant Nos. 2 & 3 are the minor sons of the deceased and respondent No. 3 Amarsingh is the maj or son of the deceased.

(3.) THE learned Tribunal held that the accident occurred due to rash and negligent driving of the vehicle by Shriram and calculated the dependency at Rs. 650/-p.m. but deducted the amount of pension which has been fixed in favour of claimants, specially claimant No. 1, and, as such, awarded Rs. 20,000/-. The contention of Ramesh Chandra was also rejected as the transfer of the vehicle was neither intimated nor recorded in the register kept by Transport Authority. Hence, these two appeals. (M.A. No. 39/88 has been filed by the claimants for enhancement of the compensation while M.A. No. 43/88 has been filed by N.A. No. 2 Ramesh Chandra praying for his exoneration from liability of the payment.