DIRECTOR, AGRICULTURAL ENGINEERING DEPT., BHOPAL Vs. GULAB GUPTA

JUDGEMENT

(1.) In this appeal preferred under Section 178 of the Motor Vehicles Act. 1988 (for brevity 'the Act'), the challenge is to the award dated 14.1.2005 passed by the Motor Accident Claims Tribunal, Katni. (in short, 'the tribunal') in Claim Case No.130 of 2004 whereby the tribunal while entertaining the application filed under Section 166 of the Act by the legal representatives of the deceased namely: Vivek Kumar a young boy of 18 years has awarded a sum of Rs. 1,94,500.

(2.) The facts which are essential to be stated are that on 9.4.2004 in the evening the deceased. Vivek, was travelling in a jeep bearing registration No. MP-21W 0236 from his village Karela near village Kua Keolary a matador bearing registration No.MP-02 4835 being rashly and negligently driven by the driver, the respondent No. 1 before the tribunal dashed against the jeep, as a result of which, the deceased was thrown out from the jeep. As pleaded, the said matador ran over the deceased as a consequence of which his life spark got extinguished. Because of the aforesaid accident, a crime was registered under Section 279, 337 and 304(A) of the Indian Penal Code against the driver. It was the stand of the claimant-respondent that the deceased was 18 years of age and was working in a grocery shop and his monthly income was Rs. 5,000/-. On the aforesaid base, a claim was put forth for grant of compensation for a sum of Rs. 19,52,000/-.

(3.) The respondent No. 1, driver filed its written statement contending, interalia, that the accident had occurred due to negligence of the driver of the jeep and further he had no motive for involvement in the accident. Additionally, it was put forth that the non impleadment of the owner and driver of the jeep vitiated the proceeding.