BALWANT SINGH Vs. JHANNUBAI

JUDGEMENT

(1.) THE Appellant has filed this appeal against an award dated 6/2/1973 passed by the Member, Motor Accidents Claims Tribunal, Indore in claim case No. 195 of 1968 whereby the claimants have been awarded compensation of Rs. 18,400/ - with interest, which is payable by the Appellant only.

(2.) BRIEFLY stated the case of the Respondent claimants Nos. 1 to 7 who are the legal representatives of the deceased Devisingh before the Tribunal was that on 4 -11 -1968 at about 11 -00 p.m. while the deceased Devisingh was standing near Chetna Hotel situated at Bombay Bazar, Indore the Appellant Balwant Singh in a heavily drunken state, drove the car No. U.P.I. 6202 rashly and negligently with the result that it dashed against Devisingh who was severely injured and became unconscious at the spot. Devisingh died six days after in the M.Y. Hospital, Indore where he was admitted for treatment. The claimants, therefore filed the petition claiming Rs. 40,000/ - as compensation. According to the claimants, the age of the deceased at the time of the accident was about 50 years and his monthly income was approximately Rs. 400/ - per month.

(3.) THE Appellant by his reply denied even the factum of accident, the stand taken by him is that he was not driving the car at all at the relevant time and further denied that on the date of the accident Respondent No. 1 Ramratan was the owner of the car.