SHIV KUMAR Vs. YAGYABHAN

JUDGEMENT

(1.) This appeal is directed against the award dated 17.1.1996 passed by the III Additional Motor Accidents Claims Tribunal, Satna, in Claim Case No. 23 of 1995.

(2.) Accident took place during intervening night of 9/10.2.1995. Ashok Kumar Mishra (deceased) was hit by Yagyabhan (driver) due to rash and negligent driving, as a result, he died on the spot. This accident was reported at the Police Station, which registered the F.I.R. and investigated the matter. Driver was prosecuted before the trial court, before he died on 7.5.1996.

(3.) Before the Claims Tribunal, Yagyabhan (the driver) and Ratanlal Kushwaha (owner) filed written statement admitting the accident having been caused by the offending truck. Thereafter, they were proceeded ex parte.