CHANDRABHAN DUBEY Vs. MANOJ KUMARI

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988, is directed against the award dated 27.2.1998, passed by First Additional Motor Accidents Claims Tribunal, Mur-wara (Katni), in Motor Accident Claim Case No. 153 of 1991.

(2.) Briefly stated the facts are that, on 19.10.1991 one Mangal Prasad Tiwari was travelling along with 50-60 persons in the tractor-trolley owned by the appellant. After 'Durga Visarjan' when the tractor was coming back, on way, because of jerk Mangal Prasad fell down and received multiple injuries. He was admitted to the hospital but ultimately he succumbed to the injuries on 30.10.1991. Respondent Nos. 1, 2 and 3 who are wife and two sons of the deceased, filed an application under section 166 of the Motor Vehicles Act, 1988 claiming compensation to the tune of Rs. 13,47,000 for the death of Mangal Prasad. The appellant/owner and respondent No. 4 insurer of the vehicle involved in the accident contested the application. After recording the evidence the Tribunal vide its award passed on 2.8.1995 exonerated the insurance company and awarded compensation of Rs. 16,000 for injuries sustained by the deceased to the claimants as compensation to be paid by the appellant/ owner as the Tribunal held that claimants have failed to establish that the death of Mangal Prasad was due to injuries received by him in accident.

(3.) Dissatisfied with the award claimants filed a Misc. Appeal No. 1057 of 1995 before this court and this court vide orders dated 20.8.1997 remanded the matter to the Tribunal for affording an opportunity to the claimants to adduce the evidence about "the death of Mangal Prasad being caused due to the injuries received by motor accident". This court while remanding the matter has affirmed the findings of the Tribunal exonerating the insurance company. Thus the finding of the Tribunal exonerating the insurance company has attained finality.