RUKHMANI BAI RATREY Vs. JAGAT RAM NAIK

JUDGEMENT

(1.) This appeal is against the award dtd. 14/5/2015 passed by the Motor Accident Claims Tribunal, Bilaspur, in MACT No.412/2014 by which the learned Tribunal dismissed the claim of the legal heirs of Raju Kumar Ratrey. The claimants are the wife, minor daughter and mother & father victim/deceased.

(2.) Facts of the case, in brief, are that on 20/08/2012 the deceased Raju Kumar Ratrey was going on Motorcycle bearing registration No.CG-04- CA-6450 along with one Viond Kumar Barman. When they reached the main road at about 7-8 PM one tractor trolley bearing registration No.CG-11A-8435 was parked in the middle of the road in the dark which is owned by one Jagat Ram Naik. The deceased and the pillion rider dashed on to the backside of the said tractor trolley and sustained severe injuries and eventually died. Postmortem was carried out which is proved as Ex. A/5 shows that the cause of death was due to severe bleeding and internal injury and the time of death was stated before 24- 36 hours prior to the postmortem. The main contention was that the tractor trolley which was parked in the middle of the road without any sign, as such, for this negligence the accident happened. For the accident, the report was made under Ss. 283, 304 A, 337, 427 IPC. It was stated that Respondent No.3 the Oriental Insurance Company was the insurer of such tractor trolley.

(3.) The claimants stated that at the time of incident the deceased was earning Rs.7000.00 per month and on different heads Rs.16,50,000.00 claim was claimed. The owner of the tractor trolley along with driver i.e. the Respondents No.1 & 2 denied the allegations instead it was stated that the accident had occurred because of the negligence on part of the deceased. They further stated that the trolley was stationary one as such it cannot be treated to be a motor vehicle and was covered under insurance by the Respondent No.3.