NOHRI KOL Vs. LAZIM KHAN

JUDGEMENT

(1.) This appeal has been preferred by the claimant as against award dated 8.3.2001 passed by Motor Accidents Claims Tribunal, Shahdol in Claim Case No. 2 of 2000. Prayer has been made to enhance the compensation.

(2.) It is not in dispute that deceased was servant in Central Government serving as watchman in South Eastern Railway. His age was 49 years. Deceased Babulal was dashed by Hero Puch moped (MP 18-B 9449) driven by Lazim Khan. Babulal sustained injuries. He was taken to District Hospital, Shahdol, from where he was referred to Bhilai. While he was going to Bhilai for treatment, he died on 11.9.1999 at Anooppur Railway Station. Deceased was going on cycle at the time of accident. Claimant is the widow of the deceased. Deceased was drawing salary of Rs. 7,655 per month. Compensation of Rs. 18,82,300 was claimed. The moped was owned by Gulam Moinuddin and was insured with New India Assurance Co. Ltd.

(3.) The owner and driver of Hero Puch moped in their written statement contended that deceased himself was negligent. He fell down from the cycle, sustained head injury and died. Lazim Khan was not negligent in any manner.