STATE OF MADHYA PRADESH Vs. RAJINI PORAS

JUDGEMENT

(1.) Being aggrieved by the award dated 1st May, 2006 passed by MACT, Gwalior in Claim Case No. 26/2005 whereby in a claim petition filed by Respondent Nos. 1 to 3 compensation of Rs. 25,35,000/-was awarded, the present appeal has been filed.

(2.) Cross-objection has also been filed by the Respondent Nos. 1 to 3 wherein it is prayed that compensation awarded by the learned Tribunal is on lower side and the same be enhanced.

(3.) Short facts giving rise to the present case are that deceased GS. Poras who was husband of Respondent No. 1 and father of Respondent Nos. 2 & 3 was posted as Superintendent of Police, Mandsaur. It was alleged that on 26th October, 2004 deceased GS. Poras was going from Gwalior to Mandsaur by Qualis bearing registration No. MP/03-06-6043. It was alleged that at the relevant time the offending truck bearing registration No. UP/75-E/9541 was coming from opposite direction which was driven and owned by Respondent No. 4 and was insured with Respondent No. 5. It was alleged that the offending truck was being driven by Respondent No. 4 rashly and negligently, therefore, the accident took place in which GS. Poras and two other persons died on spot. It was alleged that since the accident occurred because of rash and negligent driving of Respondent No. 4, therefore, claim petition filed by Respondent Nos. 1 to 3 be allowed and compensation be awarded.