M.P. STATE ROAD TRANSPORT Vs. M. AMNABAI

JUDGEMENT

(1.) THE M.P. State Road Transport Corporation has preferred this appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short "the Act"), against an award dated 12-1-1984, passed by Shri Ravi Verma, Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 54/82.

(2.) THE brief facts leading to this appeal are: that the respondents-claimants No. 1 to 5 filed an application under Section 110-A of the Act against the appellant and the respondent No. 6, the driver of the motor vehicle, claiming compensation of Rs. 1 lac for the death of Ibrahim, the husband of respondent No. 1 and father of respondents No. 2 to 5 On the fateful day i.e. 13-2-1982 at about 7.00 p.m. Ibrahim was standing and urinating on the left side of the road on Sanwer Road, Indore near the Tiraha of Baroli. The vehicle Bus No. CPM 8695, which was being driven by the respondent No. 6 rashly and negligently, was coming from Sanwer to Indore, dashed on the wrong side against the deceased Ibrahim, as a result of which Ibrahim succumbed to the injuries and died instantaneously on the spot. Ibrahim was aged 40 years, who was a milk vendor and was earning about Rs. 300/- per month. The respondent-claimants alleged that in their family the span of life is 90 years At the trial the claimants led evidence that the deceased was earning Rs. 400/- per month, by selling of milk.

(3.) SHRI M.L. Dhupar, learned Counsel for the appellant contended that this is the rarest of rare cases where the appellant-Corporation could get an opportunity to challenge the award because in the application under Section 110-A of the Act, the monthly income of the deceased in para 3 has been stated as Rs. 300/- per month and the widow has also admitted in her statement that the deceased was earning about Rs. 400/- per month. Except this, there is no evidence. The evidence led is contrary to the pleadings and the tribunal, without deducting the own expenses of the deceased, has considered the monthly dependency of Rs. 300/- per month. The tribunal ought to have given a deduction of the own expenses of the deceased.