DURGA SINGH Vs. JANARDAN SINGH

JUDGEMENT

(1.) THIS appeal has been preferred by the claimants aggrieved by the dismissal of the claim petition as per award dated 3. 2. 2004 passed by the First addi. M. A. C. T. , Sidhi in Claim Case No. 51 of 2002.

(2.) ON 14. 6. 2001 at about 9 p. m. the deceased Gajendra Singh was going to the village Bichhi from Sidhi on a motor cycle as pillion rider along with motorcyclist shiv Singh. His age was 25 years. When they reached at about 9. 40 p. m. near house of Ashok Singh, tractor No. MP 17-A 2399 and trolley No. MP 17-A 2400 driven by shivraj in zigzag and rash and negligent manner came on the road. When side was sought, driver of the tractor gave side, Shiv singh took motor cycle ahead, driver of the tractor brought the trolley back and dashed the head of pillion rider Gajendra Singh on the left side. He sustained injuries. Motor cycle was thrown away. Shiv Singh also fell down. The several persons came to the spot. Driver did not stop the tractor and ran away with the tractor. Report was immediately lodged at P. S. , bahri and the tractor was intercepted by the police within half an hour and seized. Gajendra Singh had obtained education up to class 12th and used to work as Head Mechanic at Parihar motor Workshop. It was claimed that he earned Rs. 6,000 per month. Total compensation of Rs. 8,89,000 was claimed by the parents. After due investigation charge-sheet was filed against driver of tractor for commission of the offence under sections 279 and 304-A of Indian Penal Code.

(3.) IT was contended by the respondents, owner and driver, that a false criminal case was registered. Charge-sheet was also filed based on false implication. Motor cycle fell down as it went in a ditch owing to which gajendra Singh fell down along with Shiv singh. The accident was outcome of rashness and negligence of the motorcyclist shiv Singh. Shiv Singh was not having a valid driving licence to drive motor cycle. Shiv Singh was badly drunk and he was unable to balance the motor cycle which was the cause of the accident.