GAURA BAI Vs. DEV NATH MAKAD

JUDGEMENT

(1.) THIS appeal by claimants is directed against award dated 9. 10. 1996 of Motor Accidents Claims Tribunal, Bhopal in Claim Case No. 15 of 1996.

(2.) RAMESH Chandra (30) was an engineer with Shrinath Finance Co. (P) Ltd. , Bhopal receiving a salary of Rs. 3,000 per month. He was unmarried and claimants were dependent on him. He was possessing good health at the time of accident which took place on 1. 2. 1990 at about 12 a. m. He was going on his scooter No. MP 04-A 3642 on the left side of the road towards Bharat Talkies, Hamidia Road, Bhopal. Suddenly truck No. MBC 8097 owned by Radhe Lal and driven by Dev Nath Makad rashly and negligently hit Ramesh Chandra, as a result of impact of accident, his scooter went under the truck and the deceased became unconscious. He died on the way to hospital due to injuries sustained in this accident.

(3.) MATTER was reported to Magalwara Police Station. Claim petition was filed for compensation of Rs. 14,65,000. The owner and driver of the truck disputed the allegations. Radhe Lal, the registered owner of the truck stated that he had sold it to Dev Nath Makad, driver of the vehicle. It is also stated that liability to pay the compensation was of Oriental Insurance Co. Ltd. , with which the vehicle was insured. Insurance company has denied the liability. It is stated that the accident took place on account of own negligence of the deceased and the insurance policy had been cancelled on the dishonour of the cheque.