M P STATE ROAD TRANS Vs. RAJNIKAT

JUDGEMENT

(1.) This appeal is directed against the award dated 24.12.98, in Claim Case No. 13 of 1994 by Addl. Motor Accidents Claims Tribunal, Korba.

(2.) Claimants/respondent Nos. 1 and 2 herein are the parents of deceased Sukhchand Munia. It is not disputed in this appeal that Sukhchand Munia died in a motor accident on 9.2.1994 on the road going from Korba to Balco, by bus No. CPW 6722, owned by the appellant and driven by respondent No. 3, Raju Jha.

(3.) The claimants/respondent Nos. 1 and 2 filed an application under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), for award of compensation of Rs. 9,62,000. It was averred in the application that their son deceased Sukhchand Munia was going on his Luna from the left side of the road, at about 7.45 p.m. in the evening. The respondent No. 3 driver Raju Jha driving the bus No. CPW 6722 rashly and negligently dashed the same against the Luna being driven by the deceased. Sukhchand Munia sustained grievous injuries and succumbed to them on the day of accident itself.