ANIL TIWARI Vs. SAHEB SINGH

JUDGEMENT

(1.) This is an appeal against the order dated 2.1.1997 passed by the Second Additional Motor Accidents Claims Tribunal, Khandwa, dismissing the petition for compensation filed under section 166 of the Motor Vehicles Act, 1988.

(2.) Deceased Shanker alias Ashok was the son of late Beni Prasad Tiwari. The appellant No. 2 Rameshwar Tiwari is the brother of late Beni Prasad. Appellant Nos. 1 and 3, namely, Anil Tiwari and Tarabai are the son and wife of Rameshwar Tiwari. They claim to be the legal representatives of deceased Shanker on the ground that having lost his mother while he was a small child, he was brought up by his uncle appellant No. 2. His father had also expired in the year 1987, and deceased had left no other heirs except the appellants.

(3.) The case of the appellants was that deceased Shanker alias Ashok was working as a cleaner on the truck of Janinder Singh, respondent No. 2, and was getting a salary of Rs. 1,500 per month. Respondent No. 1 was the driver of this truck which was insured with respondent No. 3. This truck met with an accident on 16.2.95. It dashed against a tree resulting in the death of Shanker on the spot. They had claimed a sum of Rs. 8,93,000 as compensation for his death.