BHAN BAI Vs. SURJIT SINGH BHATIYA

JUDGEMENT

(1.) AS in this batch of appeals propriety of the awards passed by First Motor Accidents Claims Tribunal, Rajnandgaon in various claim cases arising out of the same accident is called in question, they were heard analogously and are hereby disposed of by this common order.

(2.) IN M. A. No. 207 of 1995 the appellant has called in question the legal validity of the award dated 30. 11. 1994 in Claim Case No. 5 of 1991 (originally registered as Claim Case No. 8 of 1986) whereby the Tribunal while awarding a total sum of Rs. 70,000 (Rupees seventy thousand) has absolved the insurance company, respondent No. 3 herein, from indemnifying the owner and driver.

(3.) THE facts as have been unfolded are that on 3. 5. 1986 claimant's son Umesh Kumar, a boy aged about 17 years was travelling in a truck bearing registration No. MBR 1334 and as the truck met with an accident he sustained serious injuries for which he was admitted to Manpur Hospital where he breathed his last. It was pleaded in the claim petition that he was a student of class VIII and also getting himself engaged as a daily labourer. It was set forth that the husband of the claimant had deserted her and taken another lady, and, therefore, she was totally dependent on her son. It was stated that he was contributing Rs. 500 per month and, therefore, the claimant was entitled to Rs. 90,000 on that score. A claim of Rs. 10,000 was advanced towards mental pain and suffering.