KAMAR BAI Vs. VIMLA CHIRAD

JUDGEMENT

(1.) Present miscellaneous appeal has been filed against the award dtd. 4/9/2004 passed by 2nd Additional Motor Accident Claims Tribunal, Shivpuri (M.P.) in Claim Case No.180/2003.

(2.) The facts in brief to decide this appeal are that the respondents no.1 & 2 as well as Ajuddi Bai filed a claim application under Sec. 166 of Motor Vehicles Act on 18/08/2003 alleging that the husband of claimant no.-1 and father of rest of the claimant Hari Chirad sustained injuries on account of rash and negligent driving of Tractor bearing registration No.MP-08-A-8748 and Trolley No. MP-08-D-0128 by the respondent no.4/non-applicant no.1 Jay Singh. The deceased was taken on the said Tractor to erect an electric pole by respondents no.4 to 6/non-applicants no.1 to 3 on 29/1/2002. The Tractor was owned by appellant/nonapplicant no.4. It was alleged by the claimants that the vehicle mentioned herein above was owned by appellant and was insured with the respondent no.3/non-applicant no.5 at the relevant date. The claimants alleged in their claim petition that while pulling the pole, the driver drove the tractor in a rash and negligent manner on account of which, the electric pole fell down on the ground causing serious injuries to Hari Chirad who was standing near the electric pole.

(3.) It was alleged that the appellant and respondents no.4 to 6 threw the body of Hari Chirad near village Padora. The village Chokidar Khachhu S/o Monahara Parihar lodged a report bearing Crime No.25/02 for the offence punishable u/Ss.304-A, 201/34 of IPC and case is under trial before learned JMFC, Kolaras. It was alleged that the Hari Chirad was a labour and earning Rs.2500.00 per month.