FIROZ MOHAMMED Vs. FULBASIA

JUDGEMENT

(1.) THIS appeal has been filed by the appellant/ owner under Section 173 of the Motor Vehicles Act, 1988 against the award dated 6.2.2003 passed by Second Additional Motor Accident Claims Tribunal (FTC), Surajpur, (in short "the Tribunal") in Claim Case No. 39/02, exonerating respondent No.2/insurance company of its liability and fastening liability upon the appellant/owner to pay the amount of compensation to respondent No. 1/claimant.

(2.) BRIEF facts of the case, as per averments made in the claim petition, are that on 31.12.1999 while Gajadhar Singh was going to Village-Laxmipur, the appellant/owner by driving Motorcycle Yamaha bearing registration No. M.P. 27 D-0409 in a rash and negligent manner, clashed Gajadhar Singh, as a result of which Gajadhar sustained grievous injuries and succumbed to the same. At the time of accident, the deceased was 60 years of age and was earning Rs.20007- per month from agricultural work. Therefore, the claimant, widow of the deceased, being his legal heir, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for a total compensation of Rs.5,20,000.00 against the death of Gajadhar Singh under various heads.

(3.) HEARD learned counsel for the respective parties, perused the LCR as also the impugned award.