ASHOK KUMAR Vs. ARVIND KUMAR

JUDGEMENT

(1.) Through this appeal, award of Motor Accidents Claims Tribunal, Mandla in Claim Case No. 36 of 1998 dated 18.1.1999 has been challenged.

(2.) Briefly stated, appellants are parents and brother and sisters of Rajesh Kumar Kuchwaha (21) who died in the motor accident on 22.2.1995 when truck No. CPK 7955 driven by Anand Kumar Patel, owned by Arvind Kumar and insured with National Insurance Co. Ltd., hit truck No. MPQ 6636 which was being repaired by the deceased at the relevant time. Allegation is that the accident took place due to negligence of driver of truck No. CPK 7955. Deceased was earning Rs. 2,000 per month by way of salary and Rs. 1,000 as mechanic with Hind Motor Garage, Mandla. As a result of this accident, the truck he was repairing fell on him resulting in serious injuries on feet, thigh, waist, knees, buttock and chest. He was taken to hospital for treatment but he died on the way. Compensation of Rs. 17,60,000 is claimed. Owner and driver of truck No. MPQ 6636 did not file written statement, therefore, proceeded ex pane, nor led defence at later stage. National Insurance Co. Ltd. denied the allegations and stated that mother being the only legal heir, other claimants have no justification to claim compensation. The income of deceased has also been disputed. The insurance company further alleges that driver of truck No. CPK 7955 was not rash and negligent in driving the truck, the deceased was himself negligent as a result accident took place: Contributory negligence is also pleaded.

(3.) Claims Tribunal came to the conclusion that the accident took place due to rash and negligent driving of truck No. CPK 7955. The allegation of contributory negligence by the other vehicle has been rejected. Claimant No. 2 Gita Devi has been held entitled to claim compensation. Ultimately, compensation of Rs. 2,00,000 has been awarded with interest at the rate of 12 per cent per annum to claimant Gita Devi.