SITABAI Vs. M P RAJYA PARIWAHAN NIGAM

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 8-7-86 of the Motor Accident Claims Tribunal, Indore passed in Claim Case No. 5 of 1982; whereby the Claimant-appellants have been awarded compensation of Rupees 54.000/- for the death of Kamalsingh - the husband of claimant-appellant No. 1 and father of claimant-appellants Nos. 2 and 3.

(2.) The brief history of the case is that Kamalsingh was engaged in purchase and sale of catties including she buffaloes. On the date of incident i.e. on 20/09/1981 he along with Sajjansingh was carrying the buffaloes to the destination. There were nearly nine buffaloes in all. Kamalsingh-deceased and Sajjansingh were following those catties. Both of them were coming from Choral to Indore. The motor-bus owned by respondent No. 1 and driven by respondent No. 2 was proceeding from Indore to Burhanpur. It was being plied with an excessive speed at about 7 to 7.30p.m. because'of the rash driving of the vehicle, it dashed against the tree standing by the side of the road and Kamalsingh who was following those she-buffaloes and was on the side of the road, was engulfed in the bumper and was dragged further. He sustained injuries and died immediately on the spot.

(3.) The matter was thereafter reported to the Police Station Simrol who registered the case against the accused and filed challan in the Court of Judicial Magistrate, First Class, Mhow.