JANAKRANI SINGH Vs. KASHIRAM YADAV

JUDGEMENT

(1.) THE appellants/claimants have directed this appeal under section 173 of Motor Vehicles Act, 1988 being aggrieved by the award dated 12 -10 -2009 passed by the 20th Additional Motor Accident Claims Tribunal, Jabalpur in M. V. C. Case No. 26/2009 whereby claim of the appellants regarding death of Gandharv Singh Parihar, the husband of the appellant No.l while the father of the remaining appellants, in the alleged vehicular accident has been awarded for the sum of Rs. 9,23,920/ - along with the interest @ 6% p.a. from the date of filing the claim petition by saddling the liability against the respondent Nos.1 to 3 jointly and severally.

(2.) IT is noted that in pendency of the claim petition in the Tribunal on account of the death of the registered owner of the alleged offending vehicle his name was deleted from the array of the claim petition, where the same was mentioned as non -applicant No.2 and in such premises his name is not mentioned in the appeal memo.

(3.) THE facts giving rise to this appeal in short are that the appellants herein filed their claim contending that on 9 -2 -2007 at about 8.30 p.m. in the night said Gandharv Singh Parihar by riding Hero Honda Motorcycle bearing registration No. M.P. 29 -KJ -0221 was returning to his home from his working place i.e. Mogarmoha, on the way near the barrier of Shahpura, he was dashed by truck bearing registration No. M. P. 20 -G -5112 driven by respondent No. 1 in rash and negligent manner, resultantly he fell down and was run over by the truck, consequently he died on the spot. As per further averments the aforesaid Truck was registered in the name of Gopal Prasad Paturkar (since deceased), initially who was impleaded as non -applicant No. 2 in the Tribunal while the same was insured with respondent No.3. In addition it is stated that the deceased being Teacher in some Government School was earning Rs. 13,110/ - p.m. All the appellants were dependent on the deceased and due to his untimely death they have been deprived from their dependency. With these pleadings the claimants have preferred their claim for the sum of Rs. 20,35,000/ - along with the interest @ 12% p.a. on it.