DAULATRAM Vs. AKHLESH KUMAR

JUDGEMENT

(1.) BEING aggrieved by the award dated 24.10.2002 passed by the Motor Accident Claims Tribunal, Narsinghpur in M.V.C. No. 10/98, appellants have preferred this appeal against dismissal of their claim for vehicular death of Smt. Batti Bai.

(2.) ACCORDING to factual matrix of the case, on 27.9.1997 at about 7:30 p.m. Batti Bai was coming back to her residence after giving the meal to her husband Daulatram Sharma, on reaching near to bridge of Basti on Gadarwara -Kareli Road sofa fell down on her head from Bus being Registration No. MP 20 -E 9854 driven by respondent No.2 in rash and negligental manner. In the claim application, it was pleaded that on the roof of the bus excess luggage along with sofa was loaded and due to aforesaid rash and negligental driving a sofa fell down and by colliding with telephone pole fell over the head of Batti Bai. Resultantly, she got injured, became unconscious and taken to Kareli Hospital from where she was referred to Medical College, Jabalpur where during course of treatment on 8. 10.1997 she succumbed to death because of the injuries. The Police Kareli registered an offence against respondent No.2, under the relevant section of IPC.

(3.) THE respondent No.1 was the registered owner of the said offending bus while the same was insured with respondent No.3.