BHAWANI SINGH, C. J.

( 1 ) THIS appeal is directed against an award of Motor Accidents Claims Tribunal, Dhar in Claim Case no. 50 of 1997, dated 24. 12. 1997.

( 2 ) CLAIMANTS are the wife, children and mother of deceased Umraosingh who was 32 years old at the time of accident which took place on 10. 6. 1994 when he was hit by his tractor near a land where it was being taken by the driver who had been employed by Apa, s/o Bhuwan. Claim of rs. 22,88,500 (rupees twenty-two lakh eighty-eight thousand and five hundred)has been raised for the death of deceased who according to the claimants was earning yearly income of Rs. 1,00,000 (rupees one lakh ). This vehicle was insured with oriental Insurance Co. Ltd. , 569/3, M. G. Road, Indore (MP ). The allegation is that it was being driven rashly and negligently resulting in serious injuries on the person of the deceased, who could not survive despite being taken to the hospital. Due to his death the claimants have been rendered to suffer immensely, domestically and financially. Owner and driver of the vehicle did not appear to answer the claim, therefore, proceeded ex parte. Appellant stated that the accident took place at a private place an

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