KRISHNA KUMAR DUBEY Vs. TULARAM

JUDGEMENT

(1.) Being aggrieved by the award dated 23/12/1999 passed by Additional Motor Accidents Claims Tribunal, Sohagpur, in Motor Claim Case No. 4 of 1990, the appellant preferred this appeal for enhancement of compensation under section 173 of Motor Vehicles Act, 1988.

(2.) Facts of case are that on 22/12/1989, the deceased Shakuntala Dubey who was teacher at Naveen Convent School, Sohagpur, at about 4 p.m. was returning to home from the school. When she reached near Sohagpur, jeep No. MKK 2763 which belongs to respondent No. 2 and driven by respondent No. 3 dashed against her which resulted injuries on her person and she died on the spot. The appellant is husband of deceased Shakuntala Bai. A criminal case under section 304-A, Indian Penal Code was also registered against the respondent No. 3 before the Judicial Magistrate, First Class, Sohagpur. Apart from the salary she earned Rs. 1,500 per month from tuition. The appellant demanded Rs. 10,50,000 as compensation before the Tribunal.

(3.) Respondent No. 2 denied that he is the owner of the offending vehicle and real owner is Narendra Sharma. The vehicle has been sold on 5.4.1989 to Narendra Sharma but as the full amount was not paid, therefore, insurance company was not informed accordingly. Respondent No. 3 also denied that he was driving the vehicle on the date of incident. In spite of notice, respondent No. 1 did not file any reply in the Tribunal.