CHANDA DEVI Vs. RAJENDRA SINGH

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Katni in Claim Case No. 17 of 1989 dated 31.10.1996.

(2.) Shortly stated, Pramod Kumar (the deceased) was going from Katni Chowk towards Mission Chowk at 18.10 hours on 15.10.1988 on scooter No. CIJ 8641. Vehicle bearing registration No. MBK 7252 driven rashly and negligently by Rajendra Singh hit the scooter resulting in serious injuries to the deceased who fell unconscious. He was shifted to hospital at Katni where he died on 25.10.1988. The matter was reported to the police and case registered under sections 279, 337 and 304-A of the Indian Penal Code. The vehicle was impounded and given on supratnama to Premlal Jar, owner of the same. Claimants are parents of the deceased. At the time of accident, the deceased was 25 years old working with Bhagwati Agencies as store keeper earning Rs. 500 per month and also painting hoardings and boards earning Rs. 400 per month. He wanted to join the Army or Police Department but he died in the accident. Compensation of Rs. 5,12,500 is claimed with interest at the rate of 18 per cent per annum.

(3.) Respondents have opposed the claim stating that accident occurred due to negligence of the deceased. Claim has been projected on imaginary facts. The insurance company alleges that the claimants have not produced evidence to the effect that they are legal heirs of the deceased. The Claims Tribunal has rejected the claim on the ground that negligence of the driver of the truck has not been established. However, a sum of Rs. 50,000 has been awarded by way of 'no fault liability'. It is also not proved that the deceased was driving the scooter rashly and negligently and lost control of it. However, finding with regard to income is that the deceased was 25 years old earning Rs. 900 per month. Allegation that he was driving the scooter without the driving licence has not been proved. Through this appeal, the award has been assailed by surviving claimant Chanda Devi, father of deceased seems to have died.