FULMATI BAI Vs. PANCHAMSINGH

JUDGEMENT

(1.) This is a Misc. Appeal filed by the claimants against the order passed by the Motor Accidents Claims Tribunal in Claim Case No. 4/83, dated 25-5-89, whereby the Tribunal has awarded a sum of Rs. 15,000.00 as compensation to the claimants.

(2.) Brief facts giving rise to this appeal are that on 9-11-82, an Ambassador Car bearing Registration No. M.P.K. 105, met with an accident by dashing against truck bearing Registration No. U.T.P. 6239, a little away from Goraghat near Dabra crossing. In that accident, deceased Aasharam died. Therefore, a claim petition was filed by his widow and dependent children. It is alleged that Aasharam, on 9-11-82, was driving the Ambassador car while going from Katni to Delhi. He was employed with Ishwar Mining Industries Pvt. Limited and one Kamtaprasad, an Officer of the Company, was also sitting in the car. In the afternoon, at 2.34 p.m., a little away from Goraghat, near Dabra crossing when the truck U.T.P. 6239 was coming from Gwalior and driven rashly and negligently, dashing against the Ambassador car as a result of which Kamtaprasad, the occupant of the Ambassador car, and driver Aasharam were injured and ultimately Aasharam succumbed to his injuries. Therefore, the widow of Aasharam and his dependents filed the claim petition.

(3.) It is alleged that Aasharam was getting Rs. 700.00 p.m. and that he would have lived up to 70 years, therefore, compensation of Rs. 3,80,000.00 was claimed. It was also claimed that on account of the death of Aasharam, his dependents have to pay rent of Rs. 200.00 p.m. which would come to Rs. 30,000.00 in 25 years and for the marriages of their three daughters, a sum of Rs. 18,000.00 at the rate of Rs. 6,000.00 per daughter, was claimed. Thus the total compensation claimed was for Rs. 4,32,000.00.