DHARMENDRA KUMAR Vs. DURGA BAI

JUDGEMENT

(1.) This appeal filed by the appellant under Sec. 173 of the Motor Vehicle Act, 1988 (for short "the Act") challenging the award dtd. 7/2/2005 delivered by the Motor Accident Claims Tribunal, Katni in MACC No.53/2003 where the learned Claims Tribunal directed the respondent no.3/insurance company to pay the compensation amount of Rs.1,79,500.00 to the claimants and thereafter, the insurance company shall be entitled to recover the entire amount from the respondent no.1 and 2.

(2.) For the sake of convenience, the parties are referred to as they arrayed before the Motor Accident Claims Tribunal (in short "MACT").

(3.) The brief facts, necessary for adjudication of this case are that on 6/4/2003 at about 5:00 pm, Mahesh Singh along with Arvind Kumar Pandey were returning after filling sand in Tractor No.MP-21-9242 and Trolley No.MP-21-9243, the said tractor driven by its driver/respondent no.1 in rash and negligently and the said tractor overturned, due to which, Mahesh Singh died on the spot. The matter was reported to the police alleging that the accident took place, as a result of rash and negligent driving of the said tractor bearing Tractor No.MP-21-9242 and based on the complaint lodged by Ramraj Singh Raghuvanshi to the Badera Police Station registered a case in Crime No.21/2003 for offences under Sec. 279 and 304-A of IPC. After completion of investigation of the case, a charge-sheet was submitted before the Court of Judicial Magistrate First Class, Maiher against the accused driver (first respondent) for having committed an offences punishable u/s 279 and 304A of IPC.