RAJSHREE SHARMA Vs. DAYARAM KUSHWAHA

JUDGEMENT

(1.) THIS appeal is filed by the claimants challenging the award dated 31. 10. 2000 passed by Second Additional member Judge, Motor Accidents claims Tribunal, Gwalior in Claim Case no. 11 of 1998 whereby the Claims Tribunal has awarded a sum of Rs. 2,00,000 as compensation for the death of Rajesh sharma, husband of appellant No. 1, father of appellant No. 2 and son of appellant No. 3.

(2.) BRIEF facts of the case are that the deceased Rajesh Sharma was employed as driver in Gwalior Municipal Corporation. On 12. 3. 1998 at about 10. 30 in the night, when he was standing with his scooter in front of his house and was talking to kishan Kushwaha, truck No. MPW 5467 which was driven rashly and negligently by Dayaram Kushwaha, respondent No. 1, dashed against him. Said truck was owned by Prakash Singh, respondent No. 2 and was insured with respondent No. 3 insurance company. Due to injuries sustained by Rajesh Sharma, he died and the present claimants who are his class I heirs have filed a claim petition claiming compens-tion. The Claims Tribunal assessed the compensation at Rs. 2,00,000, hence, this appeal.

(3.) CLAIMS Tribunal has found that the incident has taken place due to rash and negligent driving of the driver of the truck and this finding is not under challenge by any of the parties.