MAHABIR SEN Vs. VIJAY SINGH

JUDGEMENT

(1.) THE appellant is aggrieved of the order passed by the Motor Accidents Claims Tribunal, Rewa, who has been pleased to dismiss the claim petition as filed by the appellants on the ground of res judicata and also on the ground that it was barred by limitation.

(2.) THIS Court while admitting the appeal framed following substantial question of law for deciding this appeal, i.e. : -

(3.) THE appellants, who are the parents of Late Ramesh Sen @ Lalla claimed compensation under the Motor Vehicles Act before the Motor Accidents Claims Tribunal with respect to the compensation to be awarded on account of the death of Late Ramesh Sen @ Lalla, who was aged about 19 years when he succumbed to the fatal injuries, which were caused to him while driving Jeep No. MP 09 S 1781 during the course of his employment with the owner of the said jeep being the first respondent. The deceased was having a valid driving licence issued by the RTO, Rewa. The appellants being the parents were totally dependent upon the income of the deceased son, who was being paid the salary of Rs. 3,000/ - per month by the respondent No. 1. The accident took place on 9th December, 1996 at about 8.00 a.m. at National Highway No. 7 Rewa -Mirzapur Road, when the jeep being driven by Ramesh Sen dashed into a truck owned by the M.P. State Electricity Board.