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1978 Supreme(MP) 202

C.P.SEN, B.C.VARMA
RAMESH KUMAR – Appellant
Versus
GADARAI – Respondent


Advocates Appeared:
A.L.Halve, K.M.AGRAWAL, S.P.HAKIM

C. P. SEN, J.

( 1 ) THE appellant has preferred this appeal under Section 110-D of the Motor vehicles Act, 1939, against the award of compensation of Rs. 18,000/-given to the respondents 1 to 3.

( 2 ) THE facts not in dispute are that appellant Ramesh Kumar was the owner of motor-cycle No. MPS 2689 and it was insured with the respondent No. 4, Ruby general Insurance Company Ltd. under a comprehensive policy. Ramesh Kumar owned a rice mill at Silyari where the deceased Budharu was employed as a mechanic/helper but he left his job on 3-1-1970. However, in the early hours of 16-2-1970, the appellant came to the house of the deceased at village Panosari and took him on his motor-cycle for starting his Mill. On their way to silyari, the motor-cycle met with an accident and because of the head injuries the deceased died on the spot. The appellant was unhurt. According to the claimants, respondent No. 1 is the father, respondent No. 2 is the mother and respondent No. 3 is the widow of the deceased and they were dependent on him. The deceased was working in the Mill of the appellant on a salary of Rs. 150/- per month as mechanic and he died in the accident due to rash and negligent driving




















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