RADHESHYAM Vs. RAJENDRA

JUDGEMENT

(1.) (Passed on 17/2/2020) By this appeal under Section 173(1) of the Motor Vehicles Act appellants have challenged the award dated 16/11/2018 passed by Motor Accident Claims Tribunal Sendhwa in claim case no. 48/2017.

(2.) The appellants/claimants had filed the claim petition before the tribunal with the plea that on 7/7/2009 appellants alongwith their family members were going in a Tavera Vehicle when respondent no.1 by rashly and negligently driving vehicle no. M.P.10P-1173 had caused the accident in which appellant no.2 had received grievous injuries. Appellant no.2 at that time was pregnant therefore the child in the womb had also received injury and had died and was taken out after operation. In this background the appellant no.2 had claimed compensation for injuries received to her and for the death of child in the womb.

(3.) Respondents no. 1 and 2 remained ex parte before the Tribunal and respondent no.3 by filing reply had denied the liability by raising the plea of violation of policy condition.