MUNNIBAI Vs. ARUN KUMAR

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Murwara, dated 11.1.1994.

(2.) On 14.6.90, when Panchamlal Gupta (deceased) was sleeping in his house, truck No. MP-19-0550 owned by Shri Refractories Industries Pvt. Ltd., driven by Arun Kumar and insured with the Oriental Insurance Co. Ltd. smashed the house, resulting in injuries to Panchamlal Gupta, due lo which he died. A case was registered under section 304-A, Indian Penal Code against the driver.

(3.) Allegation is that truck was being driven rashly and negligently by the driver as a result of which accident took place at 2.30 a.m.