GAYATRIBAI Vs. NARENDRA

JUDGEMENT

(1.) APPELLANTS No.1 to 5 are the widow, son and daughter of Nanhesing who died in an automobile accident on 2.5.1991. Appellant No.6 is his posthumous child. They have claimed Rs. 3,70,000/ - as compensation under section 166 of the Motor Vehicles Act alleging that the accident was caused by rash and negligent driving of truck No. MPZ 5821 belonging to the Forest Department of the M.P. Government which was driven by respondent No. 1 Narendra.

(2.) SECOND Additional Motor Accidents Claims Tribunal Betul found that Nanhesinghdied in an accident with truck No. MPZ 5821 which was being driven by respondent No.1 Narendra. But holding that the claimants had not proved that this accident was a result of the rash and negligent driving of this truck, a sum of Rs. 25,000/ - alone was awarded towards 'no fault' libaility under section 140 of the Motor Vehicles Act 1988. To this was added Rs. 10,000/ - as loss of consortium and Rs. 9,700/ - as funeral expenses. The total amount awarded was Rs. 44,700/ -. The Tribunal further held that in case rashness and negligence were to be taken as proved, then in that case, making a deduction of 1/3rd amount from his salary of Rs. 2,090/ - p.m. and taking a multiplier of 8, the compensation would be Rs. 1,34,000/ -.

(3.) THE learned counsel appearing for the respondents supported the award. It was argued that it was rightly held that rashness or negligence was not proved.