ORIENTAL INSURANCE CO LTD Vs. HOSHIYARI DEVI

JUDGEMENT

(1.) The application for substitution of legal representatives of deceased is allowed as his legal representatives are being represented by the learned counsel Mr. H.S. Kharlia. In spite of service, none entered appearance on behalf of driver respondent No. 7.

(2.) This appeal has been filed on a very limited issue against the award of the Motor Accidents Claims Tribunal awarding a sum of Rs. 1,25,000 in Case No. 43 of 1993 dated 1.12.1995.

(3.) The facts and circumstances giving rise to this case are that one Ran Singh along with his wife Hoshiyari Devi, the respondent No. 1, while going to Haryana, boarded a vehicle meant exclusively for carrying goods and not passengers and met with an accident wherein Ran Singh died whereas his wife sustained injuries. After his death, the claimants-respondent Nos. 1 to 6 before this court, filed claim petition for a sum of Rs. 9,12,000 asserting that the deceased was only 35 years of age and earning a sum of Rs. 5,000 per month from agricultural work. After considering the claim, the learned Tribunal awarded a sum of Rs. 1,25,000 to the claimants. There is no cross-appeal by the claimants against the quantum of compensation awarded by the Tribunal.