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1988 Supreme(MP) 118

K.L.SHRIVASTAVA, P.D.MULYE
KARURAM – Appellant
Versus
OMPRAKASH – Respondent


Advocates Appeared:
S.S.SAMWATSAR, SAMDANI

( 1 ) THIS appeal under S. 110-D of the Motor Vehicles Act 1939 (for short 'the Act') is directed against the award dt. 30-7-83 made by the Member, Motor Accidents Claims Tribunal, Mandsaur (for short 'the Tribunal') in Claim Case No. 22 of 1979.

( 2 ) THE appellant Karuram who is the husband of the victim Nandibai and their three sons, one of them Parasram then a minor aged 12 years filed a claim petitioner on 2-7-79 against the driver, the owner and the insurer of the vehicle claiming Rs. 51,500/- as compensation alleging that the accident was occasioned due to the negligence of the driver of the truck and that Nandibai and the young one of a buffalo died as a result thereof.

( 3 ) THE respondents contested the claim. According to the driver, the accident was occasioned by a police jeep and he has been falsely involved. The quantum of compensation was also assailed.

( 4 ) ON the material placed by the parties, on record, the learned Tribunal has held that the accident was due to negligence and the deceased was working as a labourer and was contributing to the extent of Rs. 4/- per day for the family. Applying a multiplier of 10, the appellants were held entitled to Rs. 14,400/- a












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