RASIA Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This appeal by the claimants under section 173 of the Motor Vehicles Act, 1988 is against the award dated 12.11.1998 passed by Additional Motor Accidents Claims Tribunal, Jaora, in M.V. Case No. 81 of 1997.

(2.) One Mustaq Khan, driver by profession, met with a motor road accident on the night of 10.10.1997 while he was driving his Tempo Trax which was going from Jaora to Neemuch. Near Dodar village respondent No. 2, who was driving truck bearing registration No. JK 02-E 9578 and was owned by the respondent No. 3 and was insured with respondent, came from opposite direction in a rash and negligent manner. It violently dashed the said Tempo Trax driven by deceased. On account of violent impact on the Tempo Trax, deceased Mustaq sustained severe bodily injuries and succumbed to the same. The legal representatives of the deceased, i.e., his widow and minor children filed claim petition with a prayer for awarding compensation to them for untimely death of Mustaq. On appreciation of evidence available on record, Claims Tribunal has awarded a sum of Rs. 2,20,000 to the appellants to be recovered from the respondents. Feeling the amount to be inadequate they are in appeal.

(3.) We have, accordingly, heard learned counsel for parties and gone through the impugned award. Finding has been recorded by the Claims Tribunal that accident had taken place solely due to rash and negligent driving of the truck by respondent No. 2 and the said finding has not been assailed before us.