SARASWATI BAI Vs. ASGAR ALI

JUDGEMENT

(1.) FACTS relevant for the purposes of this appeal are in very narrow compass. Maniram Gond, father of claimants/appellants was accompanying Vinod Shukla, on a Motorcycle on 16. 7. 1992, when he was hit by a bus bearing registration No. MKI-1654, belonging to respondent No. 2 which was being driven in a rash and negligent manner by respondent No. 1. It was a head on collision. Due to the accident Maniram fell down from the motorcycle and was crushed by the bus, causing his death. A Claim Petition under Section 166 of the motor Vehicles Act, was submitted by the minor children of Maniram through their grand-mother Mannobai. It was resisted inter alia on the ground that mother of the claimants who happened to be the widow of Maniram had submitted a claim Case No. 24/92, which terminated into a compromise for a sum of Rs. 30,000/-accepted by the Motor Accident Claims Tribunal, Mandla, on 22. 11. 1992.

(2.) LEARNED Addl. Motor Accident Claims Tribunal, Dindori, Camp Mandla. vide the impugned order dated 18. 1. 2000 passed in Motor Accident Claim Case no. 38/99, dismissed the Claim Petition of claimants/appellants on the ground that their mother has already received Rs. 30,000/- as compensation on account of death of Maniram by way of compromise recorded in earlier claim Case No. 24/ 92 and, therefore, there is no legal propriety in again claiming the amount of compensation.

(3.) SHRI Patel, learned counsel for appellants contended that claimants are entitled to amount of compensation on account of death of their father which arose out of the use of motor vehicle and they cannot be deprived of the same merely on account of their mother having received the amount of compensation for her on.