(1.) This Misc. Appeal under Sec. 173(1) of Motor Vehicles Act, 1988 has been filed against the award dtd. 03/11/2018 passed by Additional Motor Accident Claims Tribunal, Shivpuri (M.P.) in Claim Case No.09/2010, whereby the Insurance Company was exonerated from the liability of compensation.
(2.) The necessary facts for the disposal of the present appeal in short are that on 9/2/2010 deceased Vetal Singh was going to Kolaras from his village by the motor-cycle with his relative as they reached near of Gas Filer Godam A.B, Road PS Kolaras, at that time, one truck bearing registration No. HR-38-K-5255 which was coming rash and negligent manner dashed to the motor-cycle of deceased, due to which, he sustained grievous injuries in various ports of his body and died on spot.
(3.) First information report was lodged against the respondent No.1 driver of the offending vehicle in Police Station Kolaras Distt. Shivpuri (M.P.) registered at crime No.33/2010 under Ss. 337, 338, 304-A of IPC. After completion of investigation, charge sheet was filed before competent court against respondent No.1/driver.