PREMLATA SHUKLA Vs. SITARAM RAI

JUDGEMENT

(1.) Appellantsclaimants have preferred this appeal against dismissal of their claim vide award dated 8.2.2002 passed by the Additional Motor Accidents Claims Tribunal, Bhopal in Claim Case No. 5 of 2001.

(2.) According to claimant on 23.1.2001 deceased Shivnandan Prasad Shukla along with appellants who are his wife and son were travelling from Bhopal to Allahabad in a Tempo Trax bearing the registration No. MP 04-H 5525 driven by Sitaram, the respondent No. 1, in a rash and negligent manner met with an accident near Rahatgarh with the truck which came from the opposite direction in normal speed. Resultantly, appellant No. 1, deceased and other persons sustained injuries and were taken to the hospital at Sagar. During the course of treatment he succumbed to injuries. The jeep was owned by respondent No. 2 while insured with the respondent No. 3. The incident was reported to police Rahatgarh. On registration of the offence by holding investigation, the respondent No. 1 was charge-sheeted under sections 279, 337 and 304-A of Indian Penal Code. The deceased was working as Senior Technician in BHEL and earning Rs. 15,900. All the appellants are dependent on him, due to untimely death they are deprived from livelihood, love and affection. Appellants filed claim application for compensation of Rs. 22,33,000.

(3.) Respondent Nos. 1 and 2 remained ex pane in the Tribunal.