SONU Vs. JAGDISH PRASAD

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 173 of Motor Vehicles Act, 1988 against dismissal of his claim by IIIrd Additional Motor Accident Claims Tribunal, Satna in MVC No. 265/97 vide award dated 31-7-1998.

(2.) The facts giving rise to this appeal are that the father of the appellant Khunnilal Dhimar was going on his bicycle to village Parsokha in the night of 13-4-1991. The chain of his bicycle fell down on the way near hotel Pratapgarh. While he was to repair it. One truck bearing registration No. MPT 8528 driven by respondent No. 1 came and stopped 10-15 steps ahead of him. Thereafter without giving horn or switching the back light it was taken back in a rash and negligent manner and ran over him. Resultantly, on sustaining injuries he died on the spot. One Ram Kumar was also going with him on a separate bicycle who lodged the FIR. The body of the deceased was sent to hospital where autopsy was carried out. After holding investigation, the respondent No. 1 was charge-sheeted for the offence under Section 304-A of IPC. In aforesaid report due to oversight of Ram Kumar, complainant number of truck was mentioned as CPS 8528 instead of the correct number, MPT 8528 but on investigation it was found that such accident had occurred and the truck bearing registration No. MPT 8528 was involved. The vehicle in question was seized. It was registered in the name of respondent No. 2 as per registration certificate of it and insured with respondent No. 3 the insurer.

(3.) It was pleaded in the claim petition that the deceased Khunnilal was earning Rs. 500/- as salary as truck Cleaner in a truck. That apart, he was also getting some daily allowance. Due to his untimely death the appellant has been deprived of the love and affection of his father and the financial assistance. As per averments of the petition the entire salary was spent by the deceased to look after the appellant and the family. It was also pleaded that the age of the deceased Khunnilal, was 28 years on the date of this accident while the appellant was only a year and half old and residing with his natural guardian, the mother. With these pleadings the claim was preferred for grant of compensation of Rs. 2 lacs.