SHANTIBAI Vs. M.P.S.R.T.C.

JUDGEMENT

(1.) THE appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act against the Award dated 10.3.1993 passed by First Additional M.A.C.T., Noemuch, Camp Manasa, District Mandsaur in Claim Case No. 54/ 1986, whereby dismissed the claim petition filed by the appellants for compensation for the death of Ghisalal on the ground that the claimants have failed to prove that the deceased Ghisalal died due to the injuries received in the accident and also on the ground that they have also failed to prove the rash and negligence of the driver, respondent No. 2 Shyamsunder, to claim compensation.

(2.) BRIEFLY stated, the facts of the case are: That on 22.3.1985 at about 7.30 a.m. in the morning deceased Ghisalal was going from Hadi Pipliya to Manasa on a bicycle slowly, completely on his left side, the bus bearing registration number MPW-7178, belonging to respondent No. 1 M.P.S.R.T.C, coming- from opposite side which was driven by respondent No. 2 Shyamsunder, rashly and negligently came on wrong side and hit the deceased. The deceased received serious injuries and multiple fractures in whole of the body and thereafter he died. Matter was reported to the Police Station, Manasa. Initially deceased was admitted in Manasa Hospital from where he was shifted to District Hospital, Mandsaur and on 25.3.1985 he died due to the injuries. Thereafter the wife and minor son had filed the claim before claims Tribunal, claiming compensation, which was dismissed on the aforesaid two grounds.

(3.) THE claimant had examined P.W. 1 Shantibai, wife of the deceased, P.W. 2 Pradeep Kumar, and P.W. 3 Dr. R.J.P. Verma. The respondents had also examined D.W. 1 Shyamsunder, driver. Certified copy of post-mortem report, Ex. P/l of the deceased as well as the seizure memo, Ex. P/1C of the bus was also produced.