SUSHILA BAI Vs. KUNWAR SINGH

JUDGEMENT

(1.) Being aggrieved by the award dated 6.2.1998, passed by Motor Accidents Claims Tribunal, Bhopal in Claim Case No. 69 of 1996, appellants- claimants have preferred this appeal against dismissal of the claim petition.

(2.) The factual matrix of the case is that on 3.2.1996, at about 9.30 in the evening Prakash Sharma was going on his scooter bearing registration No. MP 4-Q 504 from Habibganj Dairy Road to Bawadia Kalan, Bhopal. On reaching near the water-head tank, Habibganj Naka, his scooter was overtaken by a dumper/truck bearing the registration No. MP 20-C 9012 driven by Kunwar Singh, respondent No. 1, in a rash and negligent manner, after overtaking it at some distance without any indication of the brake lights or any other signs suddenly said dumper was stopped in middle of the road. Due to this negligent act of the driver of truck, Prakash, who was riding scooter behind the dumper truck rammed into the truck from back side, he sustained fatal injuries on head and died on spot. On information, offence under section 304-A of Indian Penal Code was registered against respondent No. 1 at P.S. Govindpura. The dumper was owned by respondent No. 2 while it was insured with respondent No.

(3.) The deceased was working in Revenue Department as Patwari getting salary of Rs. 3,500 per month out of which Rs. 1,330 per month was basic pay and other sums were related to allowances. The appellant No. 1 being widow, appellant Nos. 2 to 4 are children and appellant Nos. 5 and 6 are parents of the deceased were dependent on him, they filed claim petition for compensation of Rs. 24,83,000. 3. Respondent Nos. 1 and 2 remained ex pane in the Tribunal.