BANNA Vs. PURSHOTTAM

JUDGEMENT

(1.) This appeal is directed against the award of Additional Motor Accidents Claims Tribunal, Multai (Betul), dated 30.10.1999 in Claim Case No. 58 of 1997.

(2.) The accident took place on 7.3.1997 at 8.30 a.m., when the deceased Kalabai along with others including Banna, Anil, Revji and Mukesh were travelling in jeep No. MP 05-A 2824 from Pachmarhi to Betul, near Dokra Khedi, another jeep No. MP 05-A 8304 driven rashly and negligently, hit the jeep in which the deceased and others were travelling. In this accident, the deceased suffered head injury. She was taken to the hospital at Pipariya where she was declared dead. Report was lodged with the police and an offence under section 304-A, Indian Penal Code was registered. Claim of Rs. 3,04,000 was made.

(3.) Accident has been admitted by the insurance company but other facts have been denied, and it is also claimed that the driver was not in possession of valid and legal driving licence at the time of the accident and it was a case of contributory negligence.