RAJESH Vs. GOPARAM

JUDGEMENT

(1.) The aforementioned three appeals are being decided by this common order as they arise from the common order dated 27.8.2001, passed by the First Additional Motor Accidents Claims Tribunal, Mahasamund, dismissing claim petitions as barred by res judicata. The claim cases were filed by the respective claimants in regard to the accident which occurred on 17.2.1999 by the vehicle Tempo Trax, bearing registration No. MP 23-GA 3578.

(2.) The brief facts, in nutshell, are that on 17.2.1999, Sated Rana, Purushottam Pradhan, Goverdhan Sahu, Sukhdeo Mishra and their colleagues were returning to their village by Tempo Trax via National Highway 6. When Tempo Trax reached Kodar Nala culvert, the truck bearing registration No. RJ 19-G 0351, coming from the opposite direction, being driven in a rash and negligent manner by its driver, hit Tempo Trax. In that accident Purushottam Pradhan and Safed Rana died, whereas Goverdhan Sahu, Sukhdeo Mishra and others received grievous injuries. The offence was registered in Tumgaon Police Station against Goparam, respondent No. 1, in Crime No. 17 of 1999 under sections 279, 337, 338 and 304A of the Indian Penal Code.

(3.) M.A. No. 641 of 2001 arises from the Claim Case No. 35 of 2000, filed by the legal heir of the deceased Purushottam Pradhan, wherein he claimed total compensation of Rs. 12,02,000 under various heads.