ORIENTAL INSURANCE CO LTD Vs. SANTI BAI

JUDGEMENT

(1.) This is an appeal directed against the award dated 7.12.1993 by the Addl. Motor Accidents Claims Tribunal, Shahdol in Claim Case No. 32 of 1990 whereby the learned Claims Tribunal has allowed the claim petition and a compensation of Rs. 1,44,000 was awarded with interest at the rate of 12 per cent per annum from 22.9.1989. Aggrieved by this award, the appellant Oriental Insurance Co. Ltd. has filed the present appeal.

(2.) Brief facts giving rise to this appeal are that on 6.5.1989, a truck bearing No. CPA 3759 was going from Shahdol to Bodari. Deceased Ramkhelawan had gone to Shahdol market where he made certain purchases and was coming back to Bodari, he boarded the truck aforesaid from Singh- pur Road along with his goods and paid a sum of Rs. 50 to the driver. It is alleged that some more labourers met on the way and they also boarded the truck. It is alleged that on account of rash and negligent driving of the truck by the driver, it got overturned near village Fateh- pur as a result of which Ramkhelawan along with three other persons died and some more persons received injuries. Therefore, the legal representatives of the deceased filed the claim petition for compensation.

(3.) It is alleged that the deceased was having a cloth and kirana shop and was also doing the job of grain merchant. It is alleged that he was earning Rs. 1,600 per month and had agricultural income of Rs. 12,000 per year. It is alleged that th of his earning, he was spending on himself and rest used to give to the family. Thus the family was getting a sum of Rs. 1,950 per month. The age of the deceased is said to be 40 years at the time of incident. It is alleged that he would have lived up to the age of 70 years. The claimants, therefore, claimed a sum of Rs. 7,02,000 towards compensation.