PREETAM SINGH Vs. IMRAT SINGH

JUDGEMENT

(1.) THIS appeal has been filed under section 173 of the Motor Vehicles Act, 1988 against the Award dated 26th July, 1994 passed by the Motor Accident Claims Tribunal, Bhopal in MCC No. 55/1991, by which a sum of Rs. 1,20,000/ - has been awarded to the Respondents on account of death of their son Bhujbal Singh in the accident with the tractor and Trolley driven by Preetam Singh (Appellant No. 1).

(2.) THE Respondents, on receipt of the notice of this appeal, have also filed a cross -objection for enhancement of the amount awarded by the Motor Accident Claims Tribunal.

(3.) LEARNED counsel for the appellants has invited attention to the evidence of DW 2 Dhanraj Singh who was pillion rider of the scooter in support of his contention that deceased Bhujbal Singh had consumed liquor on way and he was driving rashly and negligently. Learned Member of the Tribunal in this behalf referred to the post -mortem report and the evidence of PW 1 Dr. R.K. Sharma who has stated that the deceased had sustained crush injury which was possible only if the wheel had run over the deceased. D.W. 2 Dhanraj Singh had though stated that the deceased was drunk, in the FIR Ex. P/6 lodged by him, he had clearly stated that accident had occurred on account of rash and negligent driving of the Tractor. It has also been mentioned in the FIR that the wheel of the Tractor had run over the deceased. D.W. 2 Dhanraj Singh was related to Preetam Singh and so also the deceased. This witness was, therefore, rightly not believed by the learned Member of the Tribunal. From the evidence on record, it is fully borne out that the accident had occurred on account of rash and negligent driving of the Tractor which resulted in death of Bhujbal Singh.