VANDNA SHUKLA Vs. SITARAM JAJODIA

JUDGEMENT

(1.) THIS appeal has been preferred by the claimant aggrieved by the award dated 28. 10. 2004 passed by the m. A. C. T. , Shahdol in Claim Case No. 54 of 2003.

(2.) IN an accident dated 30. 5. 2003 when the deceased was going back to his house from bank after performing his duty, he was dashed by truck No. MP 18-6777 at banganga Road. The truck was driven by dharmendra Soni in a rash and negligent manner as per the claimant. The truck was owned by Sitaram Jajodia and insured with new India Assurance Co. Ltd. Satya Nara-yan Shukla sustained injuries. He was admitted in district Hospital, Shahdol from where he was referred to Jabalpur. He died while he was under treatment. Report was lodged at concerned police station. The deceased was earning a sum of Rs. 15,000 by way of salary from the bank. Claimants are widow and children of the deceased. They were dependent on earnings of the deceased. Compensation of Rs. 31,20,640 was claimed. The age of the deceased was 39 1/2 years.

(3.) THE owner and driver in the written statement contended that the driver of the truck was not negligent. Deceased himself was negligent. He could not balance the scooter. Excessive compensation has been claimed. The driver was having valid and effective driving licence. Vehicle was insured and liability, if any, is that of insurer.