LAXMI DEVI DWIVEDI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the award passed by the Motor Accidents Claims Tribunal, Shahdol, in Claim Case No. 30 of 1992, dated 12.12.1997.

(2.) Vinod Kumar Dwivedi was Sub Auditor, Panchayat Department, Government of Madhya Pradesh. On 10.1.1991 at about 12.30 p.m. he had gone to Anuppur and Kotma with his colleagues by jeep No. CPZ 2951. This jeep was of Forest Department driven by Sunderlal and purpose of visit was election duty. When they reached a place between Anuppur and Chachai, it fell into the river. This happened because driver was driving it rashly and negligently. As a result, deceased suffered serious injuries and died in the District Hospital, Shahdol, on 11.1.1991. At the time of accident he was receiving salary of Rs. 1,958 per month. He was 33 years old at that time. He left behind his wife, Laxmi Devi Dwivedi (30), daughters Anju (9), Neelu (7), Renuka (5), Rashmi (3) and Ruchi (5 months). On account of this death, the family has been left high and dry since it was entirely depending on the deceased. Compensation of Rs. 11,67,000 has been claimed.

(3.) Respondents have denied that the driver was driving the vehicle rashly and negligently. Claim is exaggerated. The driver was compelled to drive the vehicle with three occupants during night. The claimant has been appointed on compassionate grounds, therefore, claim is liable to be dismissed.