MARIYAMBAI Vs. KISHAN LAL

JUDGEMENT

(1.) THIS Letters Patent Appeal is preferred under Clause-10 of Letters Patent by the claimants against the Judgment rendered by learned Single Judge in M.A. No. 199/1985, arising out of Claim Case No. 5/1980 decided by M.A.C.T., Mandsaur. By impugned Judgment, the learned Single Judge was pleased to partly allow the appeal preferred by the claimants (appellants herein) by enhancing the amount of compensation awarded by Tribunal from Rs. 37,000/- to Rs. 42,700/-, basing its conclusion on the plea of contributory negligence. The appellants/claimants felt dissatisfied with the enhancement awarded by the learned Single Judge, have filed this appeal.

(2.) FACTS emerging from the record of the case and found proved in the Courts below need mention to appreciate the grievance urged by the parties to the appeal.

(3.) A claim petition out of which this appeal arises, was, then, filed under the provisions of Motor Vehicles Act by the present appellants/claimants being the legal representatives of the deceased i.e. wife and children claiming a total sum of Rs. 90,000/- under various heads which are permissible under law. This claim petition was filed against the owner, driver and the Insurance Company with whom the truck in question was insured at the relevant time. The petition was founded on the allegations that the accident occurred solely as a result of rash and negligent driving of the truck driver.