SADHANA TOMAR Vs. ASHOK KUSHWAHA

JUDGEMENT

(1.) Leave Granted

(2.) The present appeal is directed against the judgment and order dtd. 19/9/2022, passed in Miscellaneous Appeal No.5231 of 2018 by the High Court of Madhya Pradesh at Gwalior, which, in turn, was preferred against the order dtd. 9/10/2018 in Claim Case No.680/2016 passed by Motor Accidents Claims Tribunal, Gwalior (M.P.).

(3.) The brief facts giving rise to this appeal are that : on 25/9/2016, the deceased, namely Dheeraj Singh Tomar, aged 24 years, was travelling in an Auto bearing registration No. MP 30-R-0582 (hereinafter referred to as the "offending vehicle") along with other passengers. The driver of the offending vehicle was driving rashly and negligently, overturned the offending vehicle at Gohad Chauraha Road near Gautum Nagar, Bajrang Washing Centre at Gwalior, due to which the deceased died on the spot and the other passengers suffered injuries.