UNITED INDIA INSURANCE COMPANY Vs. PEMA RAM

JUDGEMENT

(1.) THIS appeal, under Section 110 -D of the Motor Vehicles Act, 1939, is directed against the Award dated 4.2.1991 passed by the learned Motor Accidents Claims Tribunal, Balotra whereby the learned Tribunal awarded a sum of Rs. 30,000/ - as compensation to. the claimant -respondent No.l Pemaram on account of the death of his wife.

(2.) THE relevant facts necessary for the disposal of this appeal may briefly be stated as follows: On 28:3.1988, at about 9.00AM, Mst. Manthari was proceeding towards SDOT Road and when she reached near the shop of Makaram Mali, she was fatally hit from behind by Tractor No. RNJ 7154 which was being, driven rashly and negligently by the driver Shaft Mohd, who was working under the employment of respondent No. 2 Pokarram. She was taken to the Hospital in a precarious condition and there she succumbed to her injuries.

(3.) ON the basis of the pleadings of the parties, the learned Tribunal framed the following Issues, which when translated into English, read as under: