BATESHI BAI Vs. UDAYRAJ SINGH BAGHEL

JUDGEMENT

(1.) IN this appeal preferred under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'Act') the claimants have called in question the propriety of the award passed by the Second Additional Motor Accidents Claims Tribunal, Chhindwara, dated 2.5.94, in Claim Case No. 33 of 1991.

(2.) THE facts as have been unfolded are that the husband of the claimant -appellant No. 1, Rehemansha was working as a labourer in the truck bearing No. MPJ 7284 owned by respondent No. 1. On 12.2.91, the aforesaid vehicle was driven by respondent No. 2 in a rash and negligent manner as a result of which it met with an accident in which the husband of the appellant No. 1 sustained injuries and ultimately met his end. It has been stated that the vehicle was insured with respondent No. 3, Oriental Insurance Co. Ltd. The present appellant No. 1 along with her minor daughter preferred an application for compensation pleading, inter alia, that the deceased was earning Rs. 20 per day and he was the owner in possession of 5 acres of land near Piparia. Estimating the monthly wages and taking into consideration the income from agricultural land a claim for Rs. 2,50,000 was put forth before the Claims Tribunal.

(3.) THE Tribunal on appreciating the material on record came to hold that the accident had occurred due to rash and negligent driving of the vehicle in question, the vehicle was duly insured with respondent No. 3, and hence, it was liable to indemnify the owner. For the purpose of determining compensation the Tribunal held that the monthly income of deceased was Rs. 500 and applied a multiplier of 16 and awarded for loss of consortium Rs. 7,000. In toto, the Tribunal awarded a sum of Rs. 65,600.