HAMID KHAN Vs. GUDDIBAI

JUDGEMENT

(1.) This appeal is directed against the award dated 30.9.1997 of Motor Accidents Claims Tribunal, Hoshangabad in Claim Case No. 67 of 1995.

(2.) Accident took place on 18.2.1995 when the deceased Suresh Ahirwar was travelling in jeep No. MP 05-7211 which met with accident resulting in his death. Allegation is that accident took place due to rash and negligent driving of the jeep by the driver. It turned turtle resulting in the death of deceased Suresh Ahirwar who was earning Rs. 100 per day.

(3.) Defence taken is that vehicle was being driven carefully. Accident took place due to bursting of tyre resulting in death of deceased Suresh Ahirwar. Neither passengers were sitting in it nor it was being driven rashly. Deceased was not going by this vehicle which was insured. The vehicle has been sold prior to the taking place of the accident. Deceased was not earning Rs. 100 per day; nor are the claimants entitled to compensation. The jeep was going to Piparia for servicing and deceased was accommodated since he was a known person.