VIRENDRA KUMAR Vs. DASODA DEVI

JUDGEMENT

(1.) This appeal challenges the award of Motor Accidents Claims Tribunal, Katni, dated 28.10.1999 whereby the claimant has been awarded Rs. 1,75,000 with 12 per cent interest from the date of application till realisation. This apart, the cost of litigation amounting to Rs. 1,500 has also been awarded.

(2.) Accident took place on 6.7.1997 on National Highway 7 when jeep No. MP 21-A 3204 hit deceased Ashok Kumar (42). Allegation is that this accident took place due to rash and negligent driving of the jeep by the driver. Deceased received serious injuries in the accident and he was shifted to hospital for treatment but he died. The matter was reported to the police, case was registered and the challan presented for prosecution. It is stated that deceased was a healthy young man of 42 years. He was an agriculturist and was having a shop also. He was earning Rs. 4,000 per month by which he was maintaining his family. As a result of the accident claimants lost the source of livelihood. They suffered mental pain and have been deprived of the company of the deceased. Due to death of deceased, expenditure had to be incurred for transport of the body and last rites. The claimants claimed a sum of Rs. 7,75,000 with interest at the rate of 18 per cent per annum before the Tribunal.

(3.) Owner and the driver of the vehicle did not file written statement. They have been proceeded ex pane. The insurance company denied the involvement of the jeep in the accident. Accordingly, it is stated that accident was committed by some unknown vehicle registration number of which was not known. It is also stated that driver of the jeep had gone out on the date of occurrence and on return, information about taking place of the accident was received. Virendra Jain has stated that accident was caused by a Commander jeep whereabouts of which were not known, but his jeep was being involved unnecessarily.