OM PRAKASH Vs. GULAB SINGH

JUDGEMENT

(1.) This is an appeal by the claimant/appellant under Section 173(1) of the Motor Vehicles Act 1988 against an Award dated 26th September, 2005 passed by the Motor Accidents Claims Tribunal, Chachoda, District Guna (M.P.) in Claim Case No.79/2004.

(2.) By the impugned award, the learned Claims Tribunal has awarded a total sum of Rs.62,000/- (Rs. Sixty Two Thousand Only) for the injuries suffered by the claimant/injured in an motor accident.

(3.) It is admitted fact that the alleged offending Truck No.DLIL/B-0651 was owned by respondent No.2 which was being driven at the time of incident by respondent No.1. It is alleged that on 21.12.2003 at around 4 O'clock in the evening, the said truck hit the jeep bearing number MP08/D-599 which was carrying claimants Ramswaroop, Omprakash (Present appellant) and Premnarayan. Said jeep was being driven by Brijesh who filed separate claim petition alongwith other claimants. When the passengers/claimants, namely, Ramswaroop, Omprakash (Present appellant) and Premnarayan were likely to get down from the jeep on being stopped the vehicle, the aforesaid truck dashed the jeep. The driver of the jeep also received injuries. Other passengers travelling in the jeep received permanent disabilities and one of them died on the spot. The matter was reported to the Police. The case was registered against the driver and the owner of the offending vehicle for the offence under Section 279, 337, 338 and 304A of IPC. The truck was seized and the driver was arrested. Injured persons were sent to the hospital for treatment. After investigation, challan was submitted before the court competent. It is also not disputed that the said truck was insured with respondent No.3/Insurance Company. By the common impugned award all claim petitions were decided by the Tribunal.