JHUNJU AHIRWAR Vs. KALLU SINGH

JUDGEMENT

(1.) Feeling aggrieved by the award dated 19.05.2007 passed by learned IV Additional Motor Accidents Claims Tribunal Chhatarpur in Claim Case No.58/2006 allowing the claim application of the claimants/appellants to the extent of Rs.1 lac, this appeal has been filed by the claimants for enhancement of the award.

(2.) In brief the facts borne out in the claim application are that on 25.10.2005 the daughter of claimants namely Chanda Ahirwar (hereinafter referred to as 'deceased') at 10 a.m. was going on Budha-kavi road and as soon as she arrived near Siddhan at that juncture driver Kallu Singh by driving the tractor bearing No.M.P. 16-M/1935 rashly and negligently dashed the deceased, as a result of which, she sustained various injuries and in the hospital while undergoing treatment she had died. The matter was reported to the police station Civil Lines Chhatarpur and on the basis of report, a criminal case was registered. The deceased was a girl having age of 12 years and was undergoing her studies in Fifth Standard in Government Primary School Budha. Further she was contributing her services to her parents. Thus, the claimants have claimed compensation of Rs.4.50 lac.

(3.) The averments were denied by the non-applicants who are owner, driver as well as the insurer by filing written-statement separately. Indeed driver Kallu Singh filed separate written-statement while owners (Keshav Prasad and Smt. Shanti) filed separate written- statement.