KAVITA Vs. THAN SINGH

JUDGEMENT

(1.) The appellants-claimants have preferred this appeal under Section 173 of Motor Vehicle Act 1988, in short "The Act" for enhancement of the sum awarded by the 11th AM ACT, Jabalpur in MVC No. 47/06, vide award dated 22.3.2010, whereby the claim of the appellants with respect of the death of Vinod Naryani, the husband of appellant no. 1 while the father of remaining appellants in the alleged vehicular accident has been awarded only for the sum of Rs. 7,80,000/-along with interest @ 6% p.a. from 4.1.06, the date of filing the claim petition.

(2.) The appellants herein filed their claim in the Tribunal contending that on dated 24.12.05 at about 1 o'clock in the noon aforesaid Shri Vinod Naryani was going to Beiragarh on his scooter bearing registration no. MP-04-NL-3461. At the same time the offending vehicle Tata Spacious bearing registration no. MP-04-HB-0574 driven by respondent no. 1 in rash and negligent manner came from the opposite side and on the way in front of Sun City Marriage Garden dashed the scooter of said Shri Vinod Naryani. Resultantly alongwith the scooter Shri Vinod Naryani fell down and died on the spot. On receiving the information of the accident, a Crime No. 455/05 was registered against the respondent no. 1 at Police Station Kohefiza for the offence under Sections 304-A, 279, 337 of IPC. After holding the investigation, the respondent no. 1 was charge sheeted for such offence. As per further averments, the deceased was 31 years of the age on the date of his death and was running a Glossary cum General Stores Shop near the Railway Station, Bhopal. Out of such business, he was earning Rs. 15,000/-per month. The appellants were fully defendants on him. The deceased was bearing expenses of education of his children, i.e. appellant nos. 2 and 3 near about Rs. 2000/-per month. Besides that after deducting the whole expenses, he was saving near about Rs. 8,000/-per month. Out of them some was kept in the bank account and some was kept at home. Due to untimely death of said Vinod Naryani, the appellants have been deprived from their dependency. It is also stated that the offending vehicle was registered in the name of respondent no. 2, while the same was insured with respondent no. 3. With these pleadings the appellants have preferred their claim for the sum of Rs. 20,75,000/-along with interest @ 18% p.a. with further prayer to saddle the liability of the same jointly and severally against all the respondents.

(3.) In reply of the respondent nos. 1 and 2 by denying the averments of the claim petition, it is stated that no negligence has been committed by respondent no. 1 while driving the aforesaid offending vehicle. It is also stated that on the date of the incident, the respondent no. 1 was having duly and effective driving license. A copy of the same is also annexed with the reply. As per further averments on holding any liability against them, then the same be saddled against the respondent no. 3-Insurer as their vehicle was duly insured with it. Subsequent to filing the reply, the respondents became absent from the Tribunal, hence the case was proceeded exparte against them.