VIDHYA BAI Vs. KAILASHCHANDRA

JUDGEMENT

(1.) This Miscellaneous Appeal is directed against the award passed by the learned Tribunal in Claim Case No.83/2006 dated 10.07.2006 by which, the learned Tribunal awarded Rs.92,500/ to the present appellant as compensation amount for death of his son in an accident that took place on 03.06.2001.

(2.) According to the appellant, her son Khelendra was going from Indore to Chapra road on his motorcycle. In Chapra, in front of Patidar Tire Remold Factory, a truck bearing registration No.C.I.F.1050 was parked by respondent No.2 in the middle of the road. Cement pipes were loaded on the truck. There was no indication behind the truck, no red light was on and due to this, the deceased could not see the parked truck and collided from behind. Due to impact of collision, the deceased sustained serious injuries and died on the spot. At the time of his death, his monthly income was Rs.5,000/ per month and, therefore, before the Tribunal, an application under section 161 of Motor Vehicle Act was filed for awarding compensation amount of Rs.20,00,000/.

(3.) Respondents No.1 and 2 filed reply of the application and denied that any accident took place by the vehicle as asserted by the present appellant in the application. The respondent No.3, Insurance Company, filed reply stating therein that the accident was not caused due to the negligence of the driver of the truck but, it was due to the negligent driving by the deceased himself, who was not careful enough while driving the motorcycle. Respondent No.4 Meena bai is the wife of the deceased. After service of notice on her, she remained absent before the Tribunal and accordingly, the case proceeded exparte against her.