KALAWATI Vs. HANEEF AHMAD

JUDGEMENT

(1.) The appellants/ claimants have preferred this appeal under Section 173 of Motor Vehicle Act 1988 (For short "the Act"), for enhancement of the sum awarded by the 1st Additional Motor Accident Claims Tribunal Balaghat in M. V. Case No.90/05 vide award dated 21.11.2005 whereby their claim regarding vehicular death of Dr. Vijay Kumar Balle in the alleged accident has been awarded against respondent No. 1,3 and 4 by saddling their joint and several liability for the sum of Rs.75,000/- along with the interest @ 9% p. a. from the date of filing the claim petition i. e. 27.1.2005.

(2.) The facts giving rise to this appeal in short are that the deceased Dr. Vijay Kumar Balle, aged about 35 years the husband of the appellant No. 1 while the father of remaining appellants was subject to road accident caused by the respondent No. 1 while driving the truck of Forest Department bearing registration No. CPZ-5360 in rash and negligent manner, resultantly, he sustained grievous injuries and during treatment he succumbed to it. As per further averments of the claim petition the respondent No. 1 drove such truck under the instruction of respondent No.2 working under the employment of respondent No.3 and 4. Such truck was registered in the name of respondent No.3 who was working under the authority of respondent No.4. The deceased Dr. Vijay Kumar Balle from his profession of Electro Homeopathy and also from his irrigated agricultural land was earning Rs.9,000/- p. m., due to his untimely death the appellants have been deprived from their dependency on the deceased while the appellant No.1 has also been deprived from the company of her husband. On receiving the information of the alleged accident at P. S. Kirnapur, an offence under Section 279 and 304-A of IPC was registered against the respondent No. 1. After holding investigation, he was charge sheeted for such offence in the court of Judicial Magistrate First Class, Balaghat. With these averments the appellant have filed their claim for compensation of Rs.51,57,800/- along with the interest on it @ 9% p. a.

(3.) In reply of respondent No. 1 and 2 by denying the averments of the claim petition regarding alleged accident, it is stated that on the date of incident respondent No. 1 was driving such truck in normal speed, at the same time the deceased while riding his bicycle in zig-zag manner came in front of the truck, resultantly inspite taking all precautions to avoid the accident by the respondent No. 1 the deceased collided with the truck due to his own negligence he sustained the injuries and letter succumbed to the same. It is further pleaded that the deceased being unemployed person was not the earning member of his family and no one was dependent on him. The compensation is also claimed at higher side on false pretext. The respondent No.2 is wrongly impleaded in the claim petition. With these pleading the prayer for dismissal of the claim by imposing the compensatory cost of Rs.5,000/- on appellants is made.