LAWS(MPH)-2005-8-83

RAJENDRA SAPRE Vs. JANKI PATEL

Decided On August 01, 2005
RAJENDRA SUPRE Appellant
V/S
JANKI PATEL Respondents

JUDGEMENT

(1.) This appeal has been preferred by the owner aggrieved by an award dated 30.11.2000 passed by Ninth Addl. Motor Accidents Claims Tribunal, Jabalpur in M.V.C. No. 25 of 2000.

(2.) On 30.10.1997 late Ayodhya Prasad Patel was going on cycle to attend his office, when he reached near Police Station, Gohalpur, he was dashed by a truck No. MP 20-B 0964. Tikaram, respondent No. 1, drove the truck in a rash and negligent manner. Truck was owned by Rajendra Sapre, respondent No. 2 and insured with Oriental Insurance Co. Ltd. In the accident deceased sustained severe injuries, he was taken to the hospital where he died. First information report was lodged, offence under sections 279 and 304-A of Indian Penal Code was registered against the driver of the truck as Crime No. 653 of 1997, charge-sheet was filed in the court of Judicial Magistrate, First Class.

(3.) Deceased was working in Telecommunication Department in the capacity of Cable Joinder. It was alleged that he was aged 45 years, was earning salary of Rs. 5,000 per month and compensation of Rs. 25,00,000 was claimed.