ARCHANA DWIVEDI (DUBEY) Vs. ALI MOHAMMAD

JUDGEMENT

(1.) This appeal has been preferred being aggrieved by the award dated 16.05.2003 passed by the Motor Accident Claims Tribunal, Jabalpur in Claim Case No.45/2002, whereby the claim petition filed by the appellants under Section 166 of the Motor Vehicles Act has been partly allowed directing the respondents No.1 to 3 to pay jointly and severally the compensation of Rs.3,25,000/-out of the total compensation of Rs.6,50,000/-for the death of Rajnarayan Dubey caused in the motor accident.

(2.) The facts of the case in short are that on 18.10.2002 at about 2.30 to 3.00 a.m. Rajnarayan Dubey was going in a jeep from Jabalpur to Nagpur during the same course a Trolla No.UP 32-T8344 was also going in front of the jeep. The driver of Trolla in the rash and negligent manner suddenly applied the brake due to which the jeep in which the deceased was travelling dashed the truck behind. The accident occurred due to rash and negligent driving of the Trolla by the respondent No.1. Rajnarayan Dubey received the serious injuries consequently he succumbed to death on account of the injuries caused to him in this accident. The report was lodged at police station Bargi wherein the crime No.343/01 was registered under Section 304-A I.P.C. against the respondent No.1 and after completing the investigation the charge-sheet was filed before the competent Court.

(3.) The respondents No.1, 2, 4 and 5 remained ex-parte and did not participate in proceeding.