RAJAT KUMARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is the appeal of the claimants under Section 110 -D of the Motor Vehicles Act against the dismissal of their claim for the compensation amount of Rs. 2,70,800/ - on account of the death of P.W.D. Overseer, Digambar Mishra in the accident from the truck owned by the Respondent No. 1 State and driven rashly and negligently by the Respondent No. 2, driver Shivnarain alias Bahadur (hereinafter referred to as 'Shivnarain').

(2.) DIGAMBAR Mishra, now deceased, was a confirmed overseer in the Irrigation Department of the Respondent No. 1 at the relevant date of the accident, i.e., on 26.3.1973. On the said date, he was going to the site of duty in the Government truck No. MPZ 3393 owned by the Respondent No. 1 State and driven by No 2, Shivnarain. At about 4.30 a.m. on the Raipur -Kharsia road, 14 miles away from Raigarh, the truck in question went off the road on its left side and rested with a tilt on the embankment of a field beyond a nali. Digambar Mishra who was sitting on the front seat on the left side of driver, got thrown out and he died on the spot. He had several injuries on his person, the prominent being the fracture of the skull, the fractures of the 3rd, 4th and 5th ribs of the left side and the 1st rib of the right side and fracture of the right mandible bone.

(3.) RESPONDENT No. 2 Shivnarain, the driver of the truck, remained ex -parte before the Tribunal. The Respondent No. 1 State denied the claimants' claim in toto; and refuted principally any negligence and rashness on the part of the truck driver. Even the accident from the said truck was denied.