RANIA BAI Vs. MANSARAM

JUDGEMENT

(1.) APPELLANTS/claimants have filed this appeal under Section 173of the Motor Vehicles act, 1988 (hereinafter referred to as the Act)against the award dated 4th of September, 1999 passed by the 6th Additional Motor accidents Claims Tribunal, Raipur in Claim case No. 7/99, whereby, their claim petition, filed under Section 166 of the motor Vehicles act, was dismissed by the Tribunal.

(2.) THE appellants are the widow and sons of the deceased-Phool Singh, who died in the motor accident on 5-12-1998 when his bicycle was dashed by the vehicle, matador bearing registration No. M. P. 23-D-A/0617. The appellants pleaded that the accident occurred on account of rash and negligent driving of the matador by its driver. They further pleaded that the deceased was aged about 63 years. He was a retired Gram Sahayak and was earning Rs. 2,800/- per month by giving tuitions in the village. They claimed compensation of rs. 7,39,000/ -.

(3.) THE owner and the driver pleaded that the accident occurred on account of negligence of the deceased himself as the deceased dashed his bicycle from the matador, which was coming from the opposite direction. The insurer admitted the factum of the insurance, however, it denied the other pleadings of the appellants.