SUNIL KUMAR SHARMA Vs. FOOLMATI

JUDGEMENT

(1.) THIS appeal is directed against the order dated 03.10.2.009 passed by the Additional Motor accidents Claims Tribunal. Pendra road in Claim Case No. 07/2009 whereby the Claims Tribunal awarded a sum of Rs.2,45,000.00 as total compensation in a death case.

(2.) BRIEF facts of the case. in a nutshell , are that on fateful day of 10.03. 2008 respondent No. 4 was going on motorcycle bearing No.C. G. 10. B. A. / 4537 along with the deceased Akasu, who was sitting as pillion rider on the same motor cycle. On way at village Katra respondent No. 1 dashed one Umesh Kumar and fled from the spot. In that event he was driving the motor cycle in a rash and negligent manner, as a result of which, Akasu, who was found to have been sitting as pillion rider, fell down and got injuries and thereafter he due to injuries.

(3.) BY filing written statement, respondent No.4 Chandrika Prasad denied the avermenuts made in claim petition. It was specifically pleaded that when he was going to Marwahi along with Akasu , on way at village Katra, one boy namely Umesh suddenly came before the motor cycle and got simple injuries and in the meantime, one Gulab Singh and some women chased to catch them and during that process he drove the motor cycle towards Marwahi; then one Mahesh Gupta pelted stone which hit Akasu and caused injury on his head , as result of which, death of Akasu took place and not due to accident.