UMASHANKAR PACHOLI Vs. MAHENDRA SINGH

JUDGEMENT

(1.) THIS appeal is directed against award of Motor Accident Claims Tribunal, Hoshangabad dated 1.2.1997 in Claim Case No. 19 of 1990. Claimant is father of deceased Anil Kumar Pacholi. Compensation of Rs. 15,000.00 has been awarded against which present appeal has been filed.

(2.) ANIL Kumar Pacholi (deceased) was employed as a Supervisor in Hotel Mayur, Bhopal. He was earning Rs. 550.00 per month. On the evening of 27.10.1988, he was going from Itarsi to Hoshangabad on his moped bearing registration number C.l.B. 5789 to meet his uncle, when jeep bearing registration number M.B.B. 7162, driven rashly and negligently by Mahendra Singh coming from opposite direction, dashed against the vehicle of deceased. As a result of this accident, deceased sustained injuries on head, chest, right hand, palm, nose, wrist and left heel. After falling from vehicle and sustaining these injuries, he became unconscious and was shifted to hospital at Itarsi. He gave statement to the Police on the same day and First Information Report was registered. In this statement, he describes that the jeep was being driven rashly and negligently by its driver. It came from opposite side and hit his moped resulting in injuries.

(3.) SHRI Rajesh Meindiratta, learned counsel for appellant, submits that Claims Tribunal has not appreciated the evidence correctly. There is misreading of evidence resulting in wrong finding with regard to responsibility for taking place of accident. Learned counsel submits that deceased was not responsible for the accident. It was the jeep driver who was driving the vehicle rashly and negligently coming from opposite side, hit the vehicle of deceased resulting in injuries to him and death. It is also submitted by learned counsel that Rajesh was neither friend of deceased nor was he given lift by the deceased. There is no evidence suggesting that deceased was so drunk that he was unable to drive the vehicle properly and finding of Claims Tribunal on this aspect is thoroughly whimsical and against the evidence recorded in the case.