ABHILASHA BAI Vs. ARVIND KUMAR

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Katni, in Claim Case No. 94 of 1990, dated 17.4.2000.

(2.) Accident took place on 10.7.1990, at 11.30 a.m. on Katni Highway when truck No. CPK 199 hit Shiv Shanker who was moving on a cycle. As a result of the accident, Shiv Shanker died. It is stated that Shiv Shanker was 16 years old, studying in the X class. He was the only son of the claimant. The accident, it is contended, was the result of rash and negligent driving by the driver. Due to the death of Shiv Shanker, the claimant has undergone great pain and suffering. After coming of age, he would have become a teacher and earned Rs. 1,000 per month and the family could depend on him. In this accident, the cycle was also damaged. Thus, compensation of Rs. 5,41,800 has been claimed.

(3.) Arvind Kumar is the driver, while Madhuri is the owner of the vehicle which was insured with Oriental Insurance Co. Ltd. Owner and driver have been proceeded ex parte. They did not furnish any written statement against the claim.