M.P. RAJYA PARIVAHAN NIGAM Vs. RADHABAI

JUDGEMENT

(1.) APPELLANT /NAs have directed this Misc. Appeal against the award dated 11th April, 1991, rendered by Additional M.A.C.T. Jhabua in Claim Petition No. 15/88, thereby learned Tribunal has partly allowed the Claim Petition of the respondents and awarded the compensation of Rs. 1,96,000/- with interest at the rate of 12% per annum from the date of filing of the application till realisation of the amount, against the appellants.

(2.) THE facts of the case, in brief, are that on 17.4.1987,deceasedAshok Kumar Chourasia, husband of respondent No. 1, Smt. Radhabai, was going from Indore to Jhabua, on his bullet motor-cycle bearing Registration No. MBM 5895. When he reached near village Bhura Dabra, passenger bus bearing Registration No. MBH 6901 (Bhopal-Thandla) owned by appellant No. 1, coming from Indore, driven by appellant No. 2 (Nazar Mohammed) rashly and negligently, suddenly hit the motor-cycle of Ashok Kumar Chourasia resulting in accident and ultimately death of Ashok Kumar. Motor-cycle of the deceased was also damaged. The respondents have filed Claim Petition for the award of compensation because of death of Ashok Kumar Chourasia and also claimed for the compensation for total damage caused to the motor-cycle. The claim petition was resisted by the appellants. Learned Tribunal, after considering the evidence recorded in the case, awarded the compensation of Rs. 1,96,000/- in favour of the respondents, as above. Aggrieved by the Award, present appeal has been filed by the appellants.

(3.) WE have heard Mr. H.M. Zelawat learned Counsel for the appellants and Mr. Y.I. Mehta learned Counsel for the respondents.