CHHOTELAL Vs. MANOJ KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor Accidents Claims Tribunal, Multai, in M. C. C. No. 14/98, dated May 14, 1999.

(2.) BRIEFLY, it may be stated that the accident took place on 4-12-1997 at 12 (noon) when Bhajanlal (deceased) and Ravi were coming from Multai on bicycle. It was being driven by the deceased. Bus No. MKD-7921 hit the cycle from behind resulting in serious injuries to the deceased as a result of which he died instantaneously. The bus was being driven by Punjab Rao and it was insured with respondent No. 3, the New India Insurance Co. Ltd. Consequently, criminal case under Section 279/337/304, IPC was registered and the driver charge-sheeted for these offences.

(3.) AT the time of accident, deceased was 28 years old. He was an agriculturist earning Rs. 60,000. 00 to Rs. 70,000. 00 annually out of agricultural operations. Besides, he was earning Rs. 8,000 to Rs. 9,000. 00 per month from the tractor. Claim for Rs. 4,89,500. 00 has been preferred by the claimants against the respondents who have admitted taking place of the accident. It is also admitted that Manoj Kumar was the owner of the vehicle which was insured with the New India Insurance Co. Ltd. However, it is pointed out that the deceased died due to negligent driving of the bicycle.