HARIPRASAD TIWARI Vs. RAJARAM YADAV @ PYARELAL YADAV

JUDGEMENT

(1.) This appeal has been preferred being aggrieved by the award dated 27th February, 2007 passed by Third Additional Motor Accident Claims Tribunal (Fast Track Court), Seoni (M.P.) in M.C.C. No.15/2006 whereby the claim petition under Section 166 of the Motor Vehicles Act filed by the appellants has been partly allowed and directed the respondents No.1 to 3 to pay the compensation of Rs.4,59,000/-with interest at the rate of 6% per annum to the appellants on account of death of Manoj Tiwari caused in a motor accident.

(2.) The facts of the case in short are that on 20th May, 2005 Manoj Tiwari was travelling in vehicle No.MP04-H/7645 from Seoni and respondent No.1 Rajaram Yadav by rashly and negligently driving this vehicle turned turtle near Manegaon on Mandla Road resulting into the death of Manoj Tiwari. The report was lodged at Police Station Kanhiwada where the offence under Section 279, 304(A) of I.P.C. was registered against the driver of the offending vehicle. After completing the investigation, charge-sheet was filed in the competent Court. The respondent No.1 is responsible for this accident. This vehicle was owned by respondent No.2 and insured with respondent No.3, therefore, the appellants filed the claim petition claiming compensation of Rs.6,06,000/- with interest thereon.

(3.) Respondents No.1 and 2 submitted the written statement disputing the claim of the appellants mainly contending that the accident was occurred on account of mechanical defect in the offending vehicle. Since the respondent No.1 was having valid and effecting driving licence and the vehicle was insured with respondent No.3, therefore, they are not liable to pay any compensation.