MANORAMA BORKAR Vs. JANAKI PRASAD

JUDGEMENT

(1.) This appeal is directed against the award of Motor Acci- dents Claims Tribunal, Balaghat in M.A.C. No. 77 of 1999 dated 19.1.2000.

(2.) Briefly, Dr. Shyamlal Borkar was posted as Block Medical Officer, Primary Health Centre, Birasa (Balaghat). With a view to attend meeting at Balaghat and bring some medicines from there, he left Birasa on 22.8.1997 at 11 a.m. along with nurses Manju Rahangdale and Sushila Asole, ward boy Janki Prasad and waterman Shyam Ratan Vinayak. On the way, Tannod river was in spate; therefore, they waited till 9.30 p.m. for it to abate. Thereafter, the jeep was taken across. However, it was washed away resulting in the death of Dr. Shyamlal Borkar, nurses Manju Rahangdale and Sushila Asole. Accordingly, claim petitions were filed for compensation by legal heirs of Dr. Shyamlal Borkar and nurse Manju Rahangdale, disposed of by the impugned award.

(3.) Obviously, the allegation of claimants is that the accident took place due to rash and negligent driving of the vehicle by Janki Prasad, otherwise it would not have happened. Dr. Shyamlal Borkar was going to Balaghat along with the staff to attend the important meeting and bring some medicines. He was the sole earning member of the family and due to his death, the family is in financial crisis. He was getting salary of Rs. 9,600 per month. He was 45 years old at the time of accident. Compensation of Rs. 19,38,000 (rupees nineteen lakh thirty-eight thousand) is claimed. Driver Janki Prasad alleges that the accident was caused by Dr. Shyamlal Borkar who had tried to cross the flooded bridge when he and 3 others were sitting in the jeep. Due to flood, attempt to cross the river failed and the jeep was drowned in the river. Since, he was not driving the jeep, false case was registered against him. Other respondents submit that the accident took place because Dr. Shyamlal Borkar compelled the driver to cross the bridge. Therefore, he being negligent, the claim petition of his legal heirs was liable to be rejected.