JHANAK Vs. SANTOSHI

JUDGEMENT

(1.) The appellants have preferred the appeal under Section 173 of the Motor Vehicles Act for enhancement of compensation amount being aggrieved by the impugned award dated 29-6-02 passed by Additional Motor Accident Claims Tribunal, Multai in M.V.C. No. 78/98 whereby claim petition of the appellants have been, dismissed.

(2.) The facts of the case in a nutshell are that on 19-06-98, the deceased Subhash was the second driver on Mini-truck No MP-05A-9137 along with Gendroa Thakre. At about 1:30 at night, the right tyre of the mini-truck was punctured. Subhash was repairing the puncture. The respondent no.1, Santosh @ Monu by driving jeep No. MP-05F-5555 in a rash and negligent manner dashed the deceased Subhash. Subhash sustained injuries and succumbed to them. The respondent no.2, Sheikh Khalil was the owner of the mini-truck and respondent no.3, the Oriental Insurance Company Limited was the insurer on the date of accident. The deceased Subhash was earning Rs. 3000/- per month from the service of driver and Rs. 500 per month by tailoring. The appellants being the legal heirs of the deceased claimed compensation amount of Rs. 23,94,000/-.

(3.) The respondents by denying the pleadings of the petition pleaded that the Vehicle No. MP-05F-5555 is not involved in the accident. A false case has been crafted against the respondent. On 19-6-98, a jeep was in a marriage party of Shri Sunil Chouhan, Advocate and carried other advocates to Bhaisdahi. The owner, driver and insurer of the mini-truck are necessary party.