BHILIYA Vs. NAND KISHORE

JUDGEMENT

(1.) THE heirs of the original claimant have filed this appeal against the award dated 1. 8. 1996 passed by the 1st M. A. C. T. , Mhow, Indore, in Claim Case No. 407 of 1987 whereby Rs. 15,000 were awarded as compensation for the death of Bhima.

(2.) THE case of the claimant Bhiliya, who died during the pendency of the claim case, was that on 18. 6. 1987 at 8 a. m. the N. A. No. 2, Ashok Kumar drove truck No. MPF 838, which belonged to N. A. No. 1 and was insured with N. A. No. 3, in a rash and negligent manner and dashed against his brother Bhima as a result of which he died. The deceased Bhima was unmarried and was living with his brother Bhiliya, the original claimant, who died during the pendency of the claim case. The deceased was aged about 40 years and was earning Rs. 10 per day. The claimant Bhiliya, therefore, filed claim petition for award of compensation of Rs. 50,000.

(3.) N. A. Nos. 1 and 2, owner and driver of the offending vehicle, remained absent and were proceeded ex parte. The N. A. No. 3, insurance company, contested the claim petition and, inter alia, pleaded that Bhiliya was not the legal representative of the deceased Bhima. It was also pleaded that N. A. No. 2 was not having a valid licence.