RADHELAL Vs. NILKANTH AND ORS.

JUDGEMENT

(1.) This appeal has been preferred by the claimant against the award dated 8.5.1981 in Motor Accident Claim Case No. 6 of 1977 passed by the Motor Accidents Claims Tribunal, Balaghat.

(2.) On 17.5.1977, Pradeep Kumar, son of the claimant, was driving a scooter No. MPS 7553 with Chandra Kumar as pillion rider. A truck No. MHG 4128 alleged to have been driven by Nilkanth Respondent No. 1 and owned by Gurumitsingh Respondent No. 2 which was insured with Respondent No. 3, dashed against the said scooter resulting in the death of said Pradeep Kumar aged 20 years. The pillion rider Chandra Kumar also sustained a fracture. A case under Sec. 304-A Indian Penal Code, was started against Nilkanth which resulted in his acquittal.

(3.) It is alleged that late Pradeep Kumar was earning Rs. 800.00 per month. He was not married. A claim of Rs. 1,50,000.00 was made in the petition.