DEVISINGH Vs. HARAMJAN SINGH

JUDGEMENT

(1.) THE appeal is directed against the judgment and Award dated 1.5.93 of 1st MACT, Indore passed in Claim Case No. 419/87 whereby the claimant-appellant has been awarded compensation of Rs. 40,000/- for having sustained injury in a motor-accident on 16.12.86.

(2.) THE brief history of the case is that claimant-appellant was going to village Pigdambar from village Rau on motorcycle MPN 9332 which was driven by Naharsingh (who died in the accident), claimant and one Jugalkishore were pillion riders. At about 10.15 p.m. they reached near Mittal Cold Storage on A-B Road, National Highway, Indore, meanwhile a truck driven by respondent No. 2 owned by respondent No. 1 and insured by respondent No. 3 came with high speed and dashed against the motor cycle. All the three sustained injuries. Naharsingh died in the accident. This claimant and the other persons i.e. Jugal Kishore sustained injuries. The matter was reported to the police. They were medically examined.

(3.) THE respondents have denied the fact of rash and negligent driving and it was also asserted that the claimants contributed to the accident.