RAM KUWAR SARATHE Vs. HARI SINGH RAJPUT

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accidents Claims Tribunal, Gadarwara in Claim Case No. 11 of 1992; decided on 13.2.1997.

(2.) Shortly stated, accident took place on 3.12.1991 when minibus No. CIK 8509 owned and driven by Dilip Singh Rajput (dead through legal heir Hari Singh Rajput) met with accident at Omar Bridge, Nandner, Gadarwara, by falling into river, resulting in death of 8 persons and injuries to others. Puranlal Sarathe is one of the persons who died in this accident. He was barber at Badeshwar, Kareli (Gadarwara), earning Rs. 1,000 per month. Allegation is that accident took place due to rash and negligent driving of the bus. Total compensation of Rs. 8,45,000 is claimed.

(3.) Respondent alleges that he is not the sole heir of Dilip Singh Rajput. He denies the accident and disputes income of the deceased. He also alleges that the deceased was 75 years old, therefore, claim is liable to be dismissed. Accordingly, claim has been dismissed on the ground that driving of bus rashly and negligently has not been proved nor it was proved that bus was being driven by Dilip Singh Rajput and deceased travelling therein. The claimants have been paid Rs. 25,000 by way of 'no fault liability'.