VIMLA BAI VERMA Vs. MUNNE KHAN

JUDGEMENT

(1.) THIS is a claimant's appeal for enhancement arising out of award dated 16.1.2002 passed by the Motor Accident Claims Tribunal, Raisen in Motor Claim Case No. 24/2000. The brief facts of the case are that on the alleged date of accident that is 5.7.2000 at 9:10 p.m. approximately on the National Highway No. 12 near Bareli Settlement half a furlong from the Police Station, Bareli, the accident occurred and was reported at 9:30 p.m. at the said Police Station that deceased Phul Chand Verma was returning home after taking darshan at the Kali Mandir at Bareli when the alleged bus bearing No. MP04/F- 0252 belonging to non-applicant No. 2 Shivlal Soni being rashly and negligently driven by Munne Khan, non-applicant No. 1, dashed against him and crushed his legs. The driver absconded and the matter being reported to the Police Station Bareli. Crime was registered at No. 170/ 2000 under section 279, 357, 404 (A) of the IPC against the non-applicants No. 1 and 2. The injured Phul Chand Verma was taken to the Bareli Hospital and was referred to Hamidia Hospital at Bhopal and on being admitted to Hamidia Hospital died due to excessive bleeding.

(2.) THE claimants who are widow and children of the deceased filed claim before the Tribunal stating that Phul Chand Verma was a Head Master in the Government Middle School at Khargone and earning salary of Rs. 8,580/- per month and under various heads claimed a total of Rs. 11,00,000/- as compensation.

(3.) NON -applicant No. 3 resisted the claim on the ground by denying all the allegations and stating that the deceased had himself come behind the bus and the driver was unable to control the same on the inclined road besides the non-applicant No. 1 did not possess a driving licence and the respondent No. 3 Oriental Insurance Co. Ltd. was not liable to pay the compensation.