KIRAN YADAV Vs. SHRIKRISHNA

JUDGEMENT

(1.) This order shall govern the disposal of aforesaid two appeals (Misc. Appeal No.450/2003 and Misc. Appeal No.458/2003)

(2.) Misc. Appeal No.450/2003 is filed by the claimants of the deceased whereas Misc. Appeal No.458/2003 is preferred by the injured being aggrieved by a common Award dated 26th April 2008 passed in respective Claim Cases No. 84/02 and 72/02 by the Fifth Additional Member of the Motor Accident Claims Tribunal, Bhind (M.P.).

(3.) The facts of the case, which are necessary for the decision are that on 21st April 2003 at around 10 o' clock in night, Bhagwan Singh with his family members was travelling in a Maruti Car bearing registration No.DNC 5667. Said Maruti Car was driven by Komal Kumar which collided with a tractor No. CIG 6537 coming in a high speed from front side. As a result, Bhagwan Singh who was travelling in car died on the spot while his son Raju @ Rajesh Singh was seriously injured. The F.I.R. of the incident was lodged by Komal Singh, driver of the car against the driver of tractor involved in accident in Police Station Bhind. The crime was registered and after investigation, the charge-sheet was filed before the criminal court. In Claim Case No. 72/2002, injured Raju @ Rajesh Singh claimed compensation in the sum of Rs. 12,02,745/-. In another Claim Case No. 84/2003, the claimants of the deceased claimed compensation in the sum of Rs. 9,11,070/-. The Tribunal after recording the findings that the accident was caused due to the composite negligence of drivers of both the vehicles fixed the percentage of negligence as 50% each, hence, a sum of Rs. 31,405/- in favour of the injured Rajesh in Claim Case No.72/02 was awarded. In another Claim Case No.84/02, the claimants of the deceased have been compensated by a sum of Rs. 3,32,910/-.Being aggrieved, the appellants have come to this court.