SMT. DHAPUBAI AND OTHERS Vs. BALWANT AND OTHERS

JUDGEMENT

(1.) The miscellaneous appeal under section 173 of the Motor Vehicles Act, 1988 has been filed challenging the common impugned award dated 03.11.2016 passed in claim case No.247/2015 (alongwith claim case No.248/2015) by Additional Motor Accidents Claims Tribunal, Sardarpur district Dhar.

(2.) Facts relevant and necessary for disposal of these appeals lie in narrow compass: Kailash Bhil (husband of appellant No.1, father of appellant No.2 and son of appellants No.3 and 4) on 03/04/2014 alongwith one Haresingh while returning to their home by motorcycle at about 7.00 pm reached near Indore-Ahmedabad road in-between Mangod-Marol Kakedi Phate, the offending pickup vehicle bearing registration No. MP09/JE 7241 driven by respondent No.1 negligently and rashly dashed, as a result the deceased and Haresingh had suffered grievous injuries on various parts of the body. After primary medication at Dhar, the injured was referred to M.Y.Hospital, During the course of treatment, he died at M.Y.Hospital, Indore.

(3.) Learned counsel appearing on behalf of the claimants submits that at the time of incident, the deceased was aged about 38 years though the Tribunal on the basis of post mortem report assessed the age as 42 years. He was earning at least Rs. 5,500/- per month being labourer in the year 2014. Because of the incident, he met untimely death. The family is reeling under most precarious financial constraints and also suffered the loss of love and affection of the deceased.