BHAGWATIDIN GANGADIN Vs. GHEESALAL NATHULAL

JUDGEMENT

(1.) THIS appeal under section 110 (D) of the Motor Vehicles Act, is directed by the claimant -appellant against the award dated 16 -3 -74, passed by the Second Additional Member, Motor Accidents Claims Tribunal, Indore, in Claim Case No. 14 of 1971.

(2.) THE claimant is the real brother of the deceased Rambharosey. Rambharosey was coming on a bicycle from Rao on the Bombay Agra Road. He was knocked down near Akashwani by motor truck No. RJE 2733, which was being driven rashly and negligently on the wrong side of the road. Rambharosey succumbed to his injuries on the same day, while he was being taken to the M.Y. Hospital. The truck was being driven by the respondent No. 2 Gheesalal. The truck was insured with the respondent No. 3 New India Assurance Company Limited, Indore. It was owned by the respondent No. 1, Bhagwansingh or respondents Nos. 4 and 5. The name of the respondent No. 1 was deleted by the appellant during the pendency of this appeal. The deceased was aged about 30 years at the time of the accident and he was earning Rs. 150 per month. The appellant claimed a sum of Rs. 60,000 as compensation on account of the death of his brother, Rambharosey. He alleged that there was no other legal representative and heir of the deceased. The respondent No. 2 denied that the accident was caused on account of his rash and negligent driving of the truck. The respondent No. 3 also denied the case of the petitioner. There were other pleas raised by the respondents, which do not survive now.

(3.) THE only point for consideration in this appeal, therefore, is whether the claimant, as the brother of the deceased, is entitled to claim compensation for the death of the deceased caused by the rash and negligent act of the respondent No. 2. The appellant contended that there being no nearer heir lett behind by the deceased Rambharosey, he was his legal representative being his only heir and was entitled to claim compensation. The respondents contended that the claimant as the brother of the deceased cannot be said to be dependent or the representative of the deceased and, therefore, he is not entitled to claim any compensation for the death of the deceased, under the provisions of the Fatal Accidents Act.