VINOD KUMAR SURANA Vs. JAFAR MEWATI

JUDGEMENT

(1.) THIS appeal is filed by the owner of the offending vehicle against the award dated 6.11.2007 passed by Member, Motor Accidents Claims Tribunal, Ratlam, in Claim Case No. 94 of 2004, whereby learned Tribunal awarded a sum of Rs. 3,15,000 as compensation to respondent Nos. 1 and 2 and exonerated the insurance company and respondent No. 4, the owner of Hero Honda Splendor motor cycle bearing registration No. RJ 09-7265 from paying the compensation.

(2.) M .A. No. 535 of 2008 has been filed by the respondent Nos. 1 and 2, the claimants for enhancement of compensation.

(3.) THE learned counsel for the appellant submits that at the time of accident deceased Bhavesh Surana and Yashwant Kumar, respondent No. 4, were pillion riders on Hero Honda Splendor motor cycle bearing registration No. RJ 09-7265. At the time of the accident Hemant Kaliya was driving the motor cycle of respondent No. 4. The said motor cycle was owned by Yashwant Kumar, respondent No. 4. As per statement of pillion rider Narendra, PW 3, on 22.3.2004 they were going to Mandsaur, a tractor was coming from the opposite direction and because of rash and negligent driving of the driver of tractor bearing registration No. 14-G 2572, it hit the motor cycle due to which the deceased fell down and received serious injuries. AW 5 further in his statement has deposed that at the time of accident both lights of tractor were off and due to injuries sustained by Bhavesh Surana, he died on the spot.