KOKILABAI Vs. ABDUL BAHAV

JUDGEMENT

(1.) THIS judgment shall also govern disposal of Misc. Appeal No. 303 of 1998 filed by Shiv Kumar and another, as the said appeal also arises out of the impugned award, passed by Add l. Motor Accident Claims Tribunal, Jhabua.

(2.) BY the impugned award two claim petitions arising out of one accident have been disposed of by the learned Claims Tribunal.

(3.) THAT on account of road accident on 25-1-1987, one radheshyam and Rajendra Kumar lost their lives. According to the claimants radheshyam and Rajendra Kumar were travelling on a motorcycle bearing registration No. MBE-9713 and were returning to Jhabua from Anas Nursery. At the relevant time Radheshyam was driving the motorcycle and Rajendra kumar was travelling on the same as a pillion rider. No sooner the motorcycle reached Kayarawad, then, truck bearing registration No. GRY-3830 coming from Gujarat side and going towards Jhabua, hit the motorcycle from behind. As a result of accident, Rajendra Kumar died on the spot and Radheshyam, who, was badly injured, was, taken to Jhabua Hospital. Before Radheshyam could reach hospital, he also died.