KIRAN CHHABRA Vs. KHAJJI PATEL

JUDGEMENT

(1.) THIS appeal is directed against the award of Motor Accidents Claims Tribunal, Damoh, in Claim Case No. 19 of 1997, dated 10. 9. 1999.

(2.) ACCIDENT took place on 12. 4. 1990 in which Atul Kumar Chhabra died. Claimants are wife and son of the deceased, who was 28 years old at the time of the accident. Deceased was one of the partners of Chhabra Enterprises where the offending tractor bearing registration No. MP 15-0456 had been brought for repairs. It so happened that the tractor had been put up on a jack for repairs. The jack slipped and a portion of the tractor fell on the ground as a result of which the tyre burst and the disc hit chest of the deceased resulting in grievous injuries. He was taken to District Hospital, Damoh, for treatment, but he died there. The accident was reported at the police station, Damoh and a case under Section 304-A of the Indian Penal Code was registered and the accused prosecuted.

(3.) ALLEGATION is that while parking the tractor, the gradient of the place was not taken into consideration by the driver with the result that the accident took place and deceased died as a result of injuries suffered by him. At the time of accident, deceased was 28 years old having done Diploma in Mechanical Engineering, was partner of Chhabra Enterprises and carrying on truck business, earning Rs. 15,000 per month. He was income tax payer and was spending Rs. 5,000 on the family. On account of his death, the family has suffered a great loss including the loss of company of the deceased. Compensation of Rs. 11,50,000 has been claimed along with interest. The owner and driver were proceeded ex pane and they did not file any written statement in this case.