MADAN LAL MISHRA Vs. ABDUL KHALID KHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 1st April, 1998 passed by the Motor Accidents Claims Tribunal in Case No.256/94, whereby a sum of 2,37,000/- with interest at the rate of 12% per annum from the date of filing of the petition was awarded to the appellants for the untimely demise of one Sanjay Mishra, who died in a motor vehicular accident.

(2.) The appellants are the claimants in the claim petition. The background facts briefly delineated are as follows.

(3.) On 14.02.1994 at about 1.15 p.m., an accident involving two vehicles, one being TVS No.DBX-1861 and the other being truck No.DL-1G-A 1845, took place. The TVS was admittedly coming in the direction of the East towards Karawal Nagar. The truck was moving in the opposite direction, that is, towards the West. The TVS was driven by the deceased Sanjay Mishra, age 22 years, with his maternal grandmother Smt. Kalawati riding pillion. Allegedly, the accident occurred due to the rash and negligent driving of the truck by its driver, the respondent No.1. The truck was owned by the respondent No.2 and insured with the respondent No.3.