JAGGU BAI Vs. KISSU PATEL

JUDGEMENT

(1.) This appeal is directed against award of Metor Accidents Claims Tribunal, Jabalpur in M.V.C. No. 113 of 2000 dated 2.1.2001. The claim for compensation has been dismissed by Tribunal on the ground that claimants failed to prove that minibus No. MP 20-E 9499 was involved in this accident. For coming to this conclusion, Tribunal has found that in F.I.R., Exh. P-1, the version is entirely different, deceased coming through truck and being hit on the roadside, etc.

(2.) Briefly, it may be stated that Santoo Gontia was going to attend the marriage of Rakesh Gontia on 28.4.1999. He was travelling by minibus No. MP 20-E 9499, owned by Vindravan Prasad Dixit and driven by Kissu Patel. Allegation is that this minibus was being driven rashly and negligently. When it had reached between Paharewar Naka and Sihora at 2 a.m., it dashed against a jeep standing there, as a result of which Santoo Gontia fell on the ground along with Bihari and Jagdish. All of them sustained injuries, though in case of Santoo Gontia, it was more serious and he died in hospital where he was admitted.

(3.) First information report was lodged in Police Station, Sihora, by Mahesh Dixit, thumb marked by Bihari. It appears that the first information report, Exh. P-1, was not read over to Bihari and he was made to thumb mark it which is clear from his version in the court. Deceased Santoo Gontia, aged 26 years was agricultural labourer earning Rs. 1,500 per month. Claimant is the wife of deceased Santoo Gontia. She claims compensation of Rs. 9,32,000 with interest from the respondents. The owner and driver remained absent, therefore, proceeded ex pane from the initial stage of the case. Claimant Jaggu Bai states that deceased died in the accident. She places on record first information report, postmortem report. Shankarlal, PW 2, states that on 28.4.1999, they were going in minibus No. MP 20-E 9499 at about 2 a.m. The minibus dashed against a jeep between Sihora and Paharewar Naka. As a result, Bihari, Jagdish and Santoo Gontia fell on the road and thereafter Santoo Gontia died. He also states that Kissu Patel was driving minibus at high speed. Similarly, Bihari, PW 3, Jagdish, PW 4 and Arjun, PW 5, also state that accident took place due to rash and negligent driving of the minibus and Santoo Gontia died in this accident. Arjun, PW 5, denied that they were going by truck and accident was caused by jeep.