RAVISH Vs. RAKESH

JUDGEMENT

(1.) This appeal is preferred by the claimants aggrieved by the award dated 10.4.2001 passed by First Motor Accidents Claims Tribunal in Claim Case No. 06 of 2000.

(2.) Claimants are legal representatives of the deceased and three minor children of late Jagdish Yadav. Jagdish Yadav was working as Senior Agriculture Development Officer in Narmada Valley Development Authority. He was drawing salary of Rs. 8,580 per month. On 17.10.1999 when he was going from Khandwa to Khargone along with pillion rider Praveen Dubey on his motor cycle, he met with an accident on Deogaon-Bhikangaon Road with Tempo Trax MP 10-A3125, it was alleged that Rakesh drove Tempo Trax in a rash and negligent manner and dashed the motor cycle owing to which Jagdish Yadav and Praveen Dubey sustained serious injuries. Jagdish died on the way to the hospital. The motor cycle was also damaged. The F.I.R. of the accident was lodged at Police Station, Deogaon, by Praveen Dubey, CW 1. The offence was registered against one Rakesh, the driver of Tempo Trax under section 304-A of Indian Penal Code.

(3.) Tempo Trax was owned by Umesh. It was insured with New India Assurance Co. Ltd. Total compensation of Rs. 27,10,280 was claimed.