BENI BAI Vs. CHHANDILAL

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Tikamgarh in Claim Case No. 3 of 1997 dated 26.8.1998.

(2.) On 7.1.1997 Samudi Ahirwar was going on his cycle from tri-junction on Tikamgarh Jatara Road when a jeep bearing registration No. MP 15-6268 owned and driven by Chhandilal rashly and negligently, hit the deceased resulting in the accident in which he died on the spot. The allegation is that accident took place due to rash and negligent driving of the jeep by the driver. Compensation of Rs. 9,50,000 (rupees nine lakh fifty thousand) has been claimed. The deceased was selling skin and doing agricultural and masonry work. From all these sources, he was earning Rs. 3,000 per month. The Claims Tribunal rejected the claim on the ground that involvement of this jeep is not established, though compensation of Rs. 54,000 (rupees fifty-four thousand) has been assessed.

(3.) Through this appeal, the award has been challenged. First question for determination is whether the claimant has been able to prove that this jeep, insured with United India Insurance Co. Ltd., was involved in the accident. We find from the statement of Pirva alias Bhidariya, AW 3, that the accident was caused by this jeep while it was being driven rashly and negligently. There is no reason to disbelieve the statement of this witness, being an eyewitness to the occurrence of accident and it cannot be rejected on the ground that his name has not been mentioned in the first information report. Further, Beni Bai has stated in the first information report that the accident was caused by this jeep and this fact was stated to her by Durga. On the basis of two statements, it can safely be concluded that accident was caused by this jeep driven rashly and negligently by Chhandilal and conclusion to the contrary recorded by the Tribunal, is set aside.