HELEN EKKA Vs. ANIL SHARMA

JUDGEMENT

(1.) This appeal is directed against the award dated 14.5.1999 passed by the Motor Accidents Claims Tribunal, Jabalpur, in M.V.C. No. 27 of 1997.

(2.) Jebonius Ekka (deceased) was coming to his house along with his daughter Sushma Ekka on a bicycle. When they reached near Ghosal Complex, Chandan Colony, truck No. MOJ 1448 came at a high speed and dashed against the bicycle. The deceased Jebonius Ekka sustained injury in the accident and died instantaneously. The truck was owned by Anil Sharma, driven by Ram Dulare Choudhary and insured by Oriental Insurance Co. Ltd., at the time of accident. The allegation is that the accident occurred due to rash and negligent driving by the truck driver. A criminal case was registered against the driver of the truck. The claimants are legal heirs of the deceased, who was Senior Auditor (Signals) in the Pay and Accounts Office (Army) drawing gross pay of Rs. 5,985 per month. The claim for Rs. 8,48,065 has been made along with interest.

(3.) The owner and driver of the truck have been proceeded ex pane while the insurance company has denied the claim alleging that Ram Dulare Choudhary was not driving the truck rashly and negligently at the time of accident. The claimants are not entitled to the compensation since they were not related to the deceased nor dependent on him. The deceased Jebonius Ekka had contributed to the accident, therefore, the claim was not tenable.