RAMU Vs. NARSI

JUDGEMENT

(1.) THIS appeal is directed by the appellant being aggrieved by the award dated 6. 12. 2004 passed by the Second Additional Motor Accidents claims Tribunal, Betul in Motor Vehicle claim Case No. 123 of 2004 dismissing his claim for compensation.

(2.) THE facts giving rise to this appeal in short are that the sister of the appellant yenu Bai went to village Sawalmendha to her relation on 26. 9. 2003. At about 2. 30 p. m. when she was sitting at the side of the road, respondent No. 1 while driving a truck bearing registration No. MP 07-G 3509 in a rash and negligent manner met with accident with her, resultantly she sustained injuries and died on the spot. She was working as labourer and due to her untimely death appellant being her brother sustained mental pain and also deprived from her love and affection as she was residing with him. In respect of such accident an offence under section 304-A of indian Penal Code was registered at Police station, Bhaisdehi, after holding investigation respondent No. 1 was charge-sheeted. The respondent No. 2 was the registered owner of such truck while the same was insured with respondent No. 3. With these pleadings the appellant preferred his claim for compensation of Rs. 2,10,000 and for interest.

(3.) RESPONDENT Nos. 1 and 2 remained ex parte in the Tribunal and even the reply has not been filed by them.