DINESH KUMAR Vs. RADHESHYAM

JUDGEMENT

(1.) THIS appeal is directed against the award of Motor Accidents Claims Tribunal, Sagar, in Claim Case No. 5/94 whereby a sum of Rs. 50,000/ - was awarded to the respondents No. 1 and 2 by way of compensation for the death of Thakur Prasad who died in the accident arising out of the motor vehicle.

(2.) RESPONDENTS No. 1 and 2 in this appeal are the legal representatives of deceased Thakur Prasad. When deceased was going for morning walk, he was hit by tanker bearing No. CPQ 8158. The allegation is that the tanker was being driven rashly and negligently by Jagdish Prasad (appellant No. 2). Appellant No. 1 Dinesh Kumar is the owner of the offending tanker. It is alleged that the age of the deceased was 70 years at the time of the incident.

(3.) I have heard Shri M.L. Jaiswal, learned senior counsel with Shri Rajmani Mishra, counsel for the appellants and Smt. Amrit Ruprah, counsel for the respondent No. 3. None appeared for the respondent Nos. 1 and 2 at the time of hearing of the appeal and appeal proceeded ex parte against them.