BHANWARLAL Vs. HARIRAM

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 31/01/1984 in Claim case No. 38/78; .39/78 passed by Motor Accident Claims Tribunal, Mandsaur, whereby a compensation of Rs. 15,000/- (Rs. Fifteen thousand) has been awarded to the claimant appellants against respondent No. 1 and respondent No. 2 holding them negligent to the tune of 1/3rd for the accident and respondent No. 3 Insurance company and respondent No. 4 Ramchandra C/o Mahadev Trading Co. have been completely exonerated from the liability of payment of compensation.

(2.) Brief facts of the case is that the claimant appellants are the legal representatives of deceased Rajendra Prasad aged about 22 years, who met with an accidental death on 25/2/78 at about 7/8 a.m. by truck No. R.J.Z. 6385 driven by respondent No. 2.

(3.) Rajendra was a student of B.Com. final. He was working as binder in Patidar Engineering Works at Neemuch. On the date of accident, at about 7-8 a.m. he was going to that work shop on a cycle. The truck referred above, owned by respondent No. 1 Hariram and driven by respondent No. 2 Ramlal with the load of goats and sheep came from behind. As it was being driven rashly and negligently, it dashed Rajendra from the back side. He was thrown from the Cycle and thereafter crushed by right rear wheel of the truck. He died immediately. The matter was reported to the police. After doing all the formalities of inquest report, the body was sent for Post Mortem Examination. The cycle and the Motor Truck was seized; spot map was prepared and thereafter challan against driver respondent No. 2 was filed in the court.