BABU Vs. PROGRESSIVE ENGINEERING CONSTRUCTION LTD

JUDGEMENT

(1.) Being aggrieved by the award dated 9.9.1987 passed by Additional Motor Accidents Claims Tribunal, Jabalpur in A.M.V. Case No. 78 of 1982, appellant-claimant has preferred this appeal for enhancement of the awarded sum.

(2.) The factual matrix of the case is that on intervening night of 11/12.2.1982 Ram Sunder the son of appellants aged about 19 years was going on bicycle with his friend Mangal Kumar, on the way he was dashed by truck bearing registration No. CPK 4012 driven by Dhanbahadur Singh, respondent No. 2, in a rash and negligent manner. Resultantly Ram Sunder sustained serious injuries, was taken to the Medical College, Jabalpur where he succumbed to injuries on 12.2.1982. The incident was reported to police and by holding investigation respondent No. 2 was charge-sheeted under section 304-A of Indian Penal Code. The truck was owned by the respondent No. 1 while the same was insured with respondent No. 3. As per averments of the claim, the deceased was working in Madhya Pradesh Electricity Board and earning Rs. 300 per month. The claim was preferred for Rs. 1,20,000.

(3.) In reply, respondent Nos. 1 and 2 have denied the averments made by the appellants. Deceased was not the earning member of the family. The false criminal case has been initiated against respondent No. 2 and prayed for dismissal of the same.