SITARAM Vs. NAGAR PALIKA PARISHAD, MANDSANR

JUDGEMENT

(1.) THIS appeal under Section 110 -D of the Motor Vehicles Act, is directed against the award dated 30.3.76 passed by the learned Member, Motor Accidents Claims Tribunal, Mandsaur in claim case No. 5 of 1974.

(2.) THE facts giving rise to this appeal briefly stated areas follows: On 4.12.73 at about 11.00 am. motor -truck No. M.P.I. 4310 belonging to the Respondent No. 1 and driven by the Respondent No. 2 Madanlal and insured with the Respondent No. 3 ran over Km. Kamla aged about 10 years on Pratapgarh Mandsaur road. Kamla was crushed and died on the spot. The claimants -Appellants who are respectively the father and the mother of the deceased submitted an application under Section 110A of the Motor Vehicles Act claiming Rs. 50,000/ - as compensation for the death of Kamla caused by the rash and negligent driving of the truck by the Respondent No. 2 in the course of his employment with the Respondent No. 1. The Respondents contested the claim. The Tribunal dismissed the application on the ground that it was not proved that the accident was caused on account of the rash and negligent driving of the truck by the Respondent No. 2. Aggrieved by the award of the Tribunal the Appellants have preferred this appeal.

(3.) NOW it is not in dispute that the death of Kamla was caused on account of her having being dashed against the truck belonging to the Respondent No. 1 and being driven at that time by the Respondent No. 2 in the course of his employment with the Muncipal Council, Mandsaur. The defence of the Respondents was that the driver was over taking some bullock -carts and at that time, Kamla who was collecting cow -dung on the road dashed against the truck and was killed. According to them the driver was not rash and negligent in driving the truck and the deceased Km. Kamla herself was responsible for the accident.