SHIVSINHA Vs. DASHRATH

JUDGEMENT

(1.) THIS appeal, Under Section 110-D of the Motor Vehicles Act, 1939, is directed against an award dated 30-9-1980, passed by Shri D.R. Pundlik, Motor Accident Claims Tribunal, Jabalpur, in Motor Vehicle Case No. 20 of 1976, whereby the claim for compensation filed by the appellants-claimants has been dismissed.

(2.) THE claimants, namely, the widow, aged 20 years and minor posthumous daughter, aged 5 months of deceased Rajendra Kumar, lodged a claim of Rs. 2,44,000/- against the present respondents, on the allegation that on the material date and time, the deceased was driving a scooter. The bus coming from the opposite direction dashed against the scooter. He died in the hospital as a result of head injuries in the same night.

(3.) THE claim Tribunal dismissed the claim holding that the claimants failed to prove negligence of the bus driver. It was also held that the scooter dashed against the bus it was stationary. In the event of driver of the bus being held negligent, the compensation payable to the dependante would have been Rs. 9,000/- with interest at 6% and costs. Hence, the claimants filed the present appeal against the dismissal of their claim.