MEERA BAI Vs. MISHRI LAL

JUDGEMENT

(1.) THIS appeal under Section 110 -D of the Motor Vehicles Act, 1939 (for short 'the Act') is directed against the award dated 2.3.1981 made by the Member, Motor Accidents Claims Tribunal, Dewas (for short 'the Tribunal') in Claim Case No. 14 of 1978, the old number being 78 of 1974.

(2.) FOR the purpose of this appeal it is not in dispute that the deceased Mitthu Lal, aged 24 years, was working in the accident truck bearing registration No. MPE 3625 on daily wages. This truck, on 11.8.1973 at about 10.30 a.m., was stuck in the mud near Bank Note Press, Dewas. In order to pull it out, the accident truck bearing registration No. MPE 8775 which belonged to the respondent Mishri Lal and the deceased respondent Champa Lal, was brought on the scene. At the relevant time the respondent No. 3 Udai Lal was its driver and it was insured with respondent No. 4 against third party risk.

(3.) THE appellant Meera Bai, the widow of the deceased Mitthu Lal and his parents filed the claim petition under Section 110 -A of the Act only against the two owners, driver and the insurer of the truck No. MPE 8775 claiming a sum of Rs. 50,000/ - as compensation. According to them the deceased was earning Rs. 15/ - to Rs. 20/ - per day by working as labourer in the truck and by preparing tiles during spare time; he was earning Rs. 350/ -per month on an average. In the claim petition it was stated that the accident was occasioned due to rash and negligent driving by Udai Lal.