LACHCHANDEI Vs. SOBHARAM DASHRATH

JUDGEMENT

(1.) THE present appeal is under Section 110-D of the Motor Vehicles Act, 1939, against the Award dated 20-12-1982, passed by the Motor Accident Claims Tribunal, Bastar at Jagdalpur, in Claim Case No. 15/81.

(2.) ON 1-1-1981, at about 12. 00 noon, the deceased Dinesh Halba, a boy aged about 5 years was severely injured in an accident caused by truck No. M. P. R. 3150 when he was playing on the pile of concrete at the side of the road. The truck was driven rashly and negligently by the respondent No. 1. The truck is owned by the respondent No. 2 and the respondent No. 3 is the insurer of the said truck. Consequent to the injuries received by the boy Dinesh, he died in the Maharani Hospital, Jagdalpur, on the next day.

(3.) THE defence of the respondents was that Dinesh met with death on account of his own negligence.