NEENA BAJAJ Vs. UTTAM LAKH

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Satna, in Claim Case No. 241 of 1995, dated 20.1.1996.

(2.) Shortly stated, Sunil Bajaj (deceased) along with Kailash Sharma and Ashish Thakur came to Satna in jeep bearing registration No. MP 21-6548, on 25.2.1994. Driver Uttam Lakh drove jeep rashly and negligently and turned it abruptly on curve, as a result it turned turtle. The deceased suffered serious injuries, taken to District Hospital for treatment, but he died. Matter was reported at Police Station, Satna and the vehicle subjected to mechanical examination. Later, criminal case was initiated against the driver. At the time of accident, the deceased was 33 years old. He was working in Saravgi Mahavidyalya, Katni, as Assistant Professor, receiving salary of Rs. 3,300 per month. Accordingly, claim for compensation has been made by the legal heirs.

(3.) The respondents allege that the accident took place due to mechanical fault, therefore, they are not responsible for the same. Accordingly, the Claims Tribunal framed four issues. It came to conclusion that the accident took place as alleged and claimants are entitled to claim compensation jointly and severally from the owner and driver of the vehicle. Compensation of Rs. 2,20,000 has been awarded carrying interest at the rate of 12 per cent per annum. The shares of claimant Nos. 2 and 3 have been ordered to be deposited with a nationalised bank in fixed deposit till they attain majority.