SAJANBAI Vs. SATTAR KHAN & ORS

JUDGEMENT

(1.) The appellant/claimant has directed this appeal against the award dated 18th October, 1995 passed by MACT, Mandleshwar in Claim Case No. 94/85, thereby awarding 12,500/- together with interest at the rate of 12% per annum from the date of joining of the appellant in claim case till realisation of the amount, against the respondents.

(2.) Briefly stated the facts of the case are that on 14th November, 1984 Geetabai aged 8 years, daughter of the appellant Sajanbai met with an accident due to rash and negligent driving of truck bearing registration No. CPF 8045 on Indore to Barwah Road resulting into her death. It is alleged that on the date of the accident the said truck was registered in the name of respondent No. 2, driven by respondent No. 1 and it was insured with respondent No. 3, United Insurance Company Ltd.

(3.) Initially claim petition was filed by grand-father of deceased Sekadia for grant of compensation for the death of said Geetabai. Subsequently, appellant Sajanbai was substituted in place of Sekadia as claimant. The claim petition was resisted on behalf of respondent No. 3. On consideration, the Tribunal awarded compensation in favour of the appellant against respondents as indicated above. Aggrieved, the appellant has filed this appeal.