C B AWASTHY Vs. RAMNARAYAN

JUDGEMENT

(1.) This is an appeal filed by the Senior Co-operative Inspector Prashasan Sahakari Vipnan Sanstha under Section 173 of the Motor Vehicles Act (hereinafter referred as 'the Act') challenging the award dated 26.03.2002 passed by the Additional Motor Accidents Claims Tribunal, Garoth in M.A.C.T. No. 61/94 mulcting the liability on the appellants to pay compensation of 76,000/- to the claimants and respondents No. 1 and 2 in the present case.

(2.) Ramnarayan the applicant was the owner of a tailoring shop which was situated near the institution of appellant No. 2 Sahakari Vipnun Sanstha, Maryadit at Shamgarh, Garoth. On the date of incident i.e.9.10.94, the employees of non-applicant No. 2 Ravi Kishore and Manikchand were to go for some office work on their motorcycle at Khadavada and requested the son of the applicant Balwant to go with them. On completing work of the institution on 10.10.94 at 12.30 pm in the night when all the three persons were returning, Ravi Kishore driving the motorcycle rashly and negligently near Varkheda Gangasa on the Khadavada Road, dashed against the tree and due to the accident Ravi Kishore and Balwant both died on the spot itself. Manikchand was injured. The report was filed at Police Station Garoth and the bodies were sent for postmortem examination.

(3.) Non-applicant No. 3 the government of Madhya Pradesh denied all the allegations and stated that it was merely a formal party and not necessary party and was not liable for any claim made by the claimants.