M.P. STATE ROAD TRANSPORT CORPORATION BAIRAGARH Vs. BENIBAI

JUDGEMENT

(1.) THIS is an appeal under Section 110 -D of the Motor Vehicles Act, 1939 (for short 'the Act') against award dated 28 -4 -72 where by compensation amounting to Rs. 14,280/ - has been awarded in favour of Respondent No. 1 Benibai, Respondent No. 4 Ashok Kumar, and Respondent No. 5 Munnibai, on account of death of their predecessor -in -title Balkishan, who had died on the spot as a result of motor accident.

(2.) FACTS essential for decision of this appeal are as under:

(3.) AFTER recording the evidence, the Tribunal has held that the bus belonging to the Appellant Corporation was being driven by their driver Kishanlal, Appellant No. 2, rashly and negligently at excessive speed; that there was no negligence of Balkishan, the deceased. The learned Tribunal has awarded compensation of Rs. 14,280/ - by the impugned award, out of which Rs. 8,280/ - are ordered to be paid to his widow Respondent No. 1, and Rs. 3,000/ - to each of the Respondents No. 4 and 5.