ANUSUIYABAI Vs. FAKHRUDDIN

JUDGEMENT

(1.) This appeal has been preferred by the claimants for enhancement of compensation, they are aggrieved by an award dated 11.4.2001 passed by the M.A.C.T., Multai, District Betul, in Claim Case No. 176 of 1998.

(2.) In an accident dated 12.6.1998 Chetram, husband of claimant No. 1, father of claimant Nos. 2 to 4 and son of claimant Nos. 5 and 6, died. He was driving jeep (No. MP 22-D 0089) and going from Multai to Betul. Near Jeetapaati, tanker (No.MP 23-D 8616) dashed the said jeep. It was claimed that Fakhruddin drove the tanker in a rash and negligent manner. The persons travelling in the jeep sustained injuries. Chetram died on the spot. His age was 30 years. He was a driver, earning Rs. 3,000 per month. Report of the accident was lodged as against Fakhruddin at the concerned police station. An offence under sections 279, 337 and 304-A of the Indian Penal Code was registered. Charge-sheet was filed in the competent court. The vehicle in question was owned by Ravindra and insured with National Insurance Co. Ltd. Compensation of Rs. 16,70,000 was claimed.

(3.) Driver and owner of the tanker in their joint written statement contended that deceased himself was negligent. Owner of the jeep and insurer are also necessary parties.