SUDAMA PRASAD YADAV Vs. HETRAM

JUDGEMENT

(1.) THIS appeal is directed against the award dated July 29, 1992, passed by the Motor Accident Claims Tribunal, Jabalpur, in Claim Case No. 28/92.

(2.) SAMANUA Yadav (deceased) was coming from Surkhi Pondi Dam towards village Juhala (Katni) at about 9. 15 p. m. on 15-6-1996 along with Darbarilal Patel. The Truck No. MPK 3137 driven rashly and negligently by Hetram, came from Katni side and dashed against the deceased. As a result of this accident, Samanua Yadav died on the spot. Police registered the case under Section 304-A of the Indian Penal Code against the driver. The claim petition was filed lor compensation of Rs. 2,36,000/ -. The owner and driver chose to remain absent, therefore, proceeded ex parte.

(3.) THE Oriental Insurance Company Ltd. contested the claim and alleged that the claim petition did not mention the policy number, under which the vehicle was insured. The deceased was neither possessed the land nor manufactured bidis. Therefore, the claimants did not suffer from any loss on account of death of Samanua Yadav.