PRAVEEN VAIDYA Vs. KAILASH

JUDGEMENT

(1.) This order shall govern the aforesaid both the appeals, i.e., M.A.Nos. 1356 and 1357 of 1997 as both are arising out of the same award, although from the different claim cases but relating to the same accident.

(2.) The appellant owner of the offending vehicle has directed this appeal under section 173 of the Motor Vehicles Act (in short 'the Act') being aggrieved by the award dated 30.6.1997 passed by the Additional Motor Accidents Claims Tribunal, Chhind wara in Claim Case Nos. 189 and 190 of 1992 awarding the claim of the respondent Nos. 1 to 4 against the appellant and the respondent No. 5, the driver by exonerating respondent No. 6, insurer and respondent No. 7, the rickshaw puller.

(3.) The facts giving rise to these appeals are that on 25.5.1989 at about 9 o'clock in the night Namdeo Karade and his wife Kamla Bai, the mother of respondent Nos. 1 to 4 along with children were going towards the railway station in the rickshaw of the respondent No. 7. On the way in between the Bail Bazar and PWD Road (Chhindwara-Seoni Road), the said rickshaw was dashed by truck No. MTG 1590, driven by respondent No. 5 in a rash and negligent manner. Resultantly, the rickshaw was turned turtle and said Namdeo Karade and Kamla Bai were run over by the said truck and died on the spot. The offence was registered under section 304-A of Indian Penal Code against respondent No. 5. The dead bodies of the deceased were sent to hospital where post-mortem was carried out and after holding investigation the respondent No. 5 was charge-sheeted for the aforesaid offence.