PRAMILA BAI Vs. MUSTAFA KHAN

JUDGEMENT

(1.) THIS appeal is directed against the award of Motor Accidents Claims Tribunal, Seoni, in M. C. C. No. 38/94, dated October 28,1996.

(2.) ASHOK (8) was the only son of the claimants who are father and mother. On May 25,1994, he was walking on the road side when truck bearing registration No. CPJ-9712, driven by Rafique at excessive speed, caused the accident by crushing Ashok below his waist resulting in his death in Seoni hospital where he was taken for treatment from Barghat. Claimants filed claim petition for the death of Ashok. They claimed compensation of Rs. 6,02,300. 00. The allegation is that the accident took place due to rash and negligent driving by the truck driver, otherwise it would not have taken place. Deceased was their only child on whom they could depend in future and due to vasectomy operation, there is no possibility of child birth. Due to the death of Ashok, they suffered serious mental pain.

(3.) RESPONDENTS have denied the claim and other statements made in the claim petition.