D.M.DHARMADHIKARI, MISS USHA SHUKLA
Anil Tiwari – Appellant
Versus
Saheb Singh – Respondent
Miss Shukla, J.–1. This is an appeal against the order dated 2.1.1997 passed by the Second Additional Motor Accidents Claims Tribunal, Khandwa dismissing the petition for compensation filed under section 166 of the Motor Vehicles Act, 1988.
2. Deceased Shanker alias Ashok was the son of Late Shri Beni Prasad Tiwari. Appellant No.2 Rameshwar Tiwari is the brother of Late Shri Beni Prasad. Appellants No, 1 and 3, namely, Anil Tiwari and Tarabai are the son and wife of Rameshwar Tiwari. They claim to be the legal representatives of deceased Shanker on the ground that having lost his mother while he was a small child, he was brought up by his uncle Appellant No.2. His father had also expired in the year 1987, and the deceased had left no other heirs except the appellants.
3. The case of the appellants was that deceased Shanker alias Ashok was working as a cleaner on the truck of Janinder Singh respondent No.2 and was getting a salary of Rs. 1,500/- per month. Respondent No.1 was the driver of this truck which was insured with respondent No.3. This truck met with an accident on 16.2.1995. It dashed against a tree resulting in the death of Shanker on the spot. They had claimed a sum o
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