M P RAJYA PARIVAHAN NIGAM BHOPAL Vs. SAHLIBAI

JUDGEMENT

(1.) This appeal is directed against the award dated 7-8-1980 passed by the Motor Accident Claims Tribunal, Mandleshwar in Claim Case No.26 of 1979. The claim petition was filed on behalf of the respondents claiming Rs. 75,200/- as compensation for the death of Dasia s/o Galji Barela, resident of village Newali, district Khargone. Respondent No.1 is the wife of the deceased and respondents Nos. 2 to 7 are the sons and daughters of the deceased who were minor at the time of the claim petition.

(2.) It was alleged that bus number MPW 4498 of the ownership of appellant No.1 was being driven by the appellant No.2 on 11-2-1979 at about. 9 a. m. Deceased Dalia was working as a labourer. At that time the appellant No.2 reached the spot driving the vehicle rashly and negligently and so driving the vehicle dashed it against the deceased due to which he received injuries and died on the spot. Dasia was 32 years of age at the time of the accident and he was getting daily wages at the rate of Rs. 3.90 p. per day, which was later on revised to Rs. 4/- per day. He was also doing some additional work by which he was earning Rs. 3/- per day. He was spending at least Rs. 5/- per day on the respondent-claimants. He was a healthy man. Therefore, for loss of dependency, mental agony and deprivation of the company etc., a claim of Rs. 75,200/- was made.

(3.) The claim was resisted by the appellants on the ground that the vehicle was not being driven rashly and negligently and the deceased was the author of his own misfortune because he himself came before the running vehicle all of a sudden.