TAMARAJDHWAJ DAHAYAT Vs. RAMVARAN PATEL

JUDGEMENT

(1.) These appeals have been preferred being aggrieved by the award dated 18.11.2005, passed by Motor Accidents Claims Tribunal, Jabalpur in M.V.C. Nos. 72 and 64 of 2004 whereby the death claim petitions filed by the parents of Yuddhavir Dahayat and Ajay Mishra under section 166 of the Motor Vehicles Act have been rejected.

(2.) THE facts giving rise to these appeals in short are that on 31.12.2003 at about 11.50 p.m. Ajay Mishra and his friend Yuddhavir Dahayat were going on Hero Puch No. MP 20 -KF 5714 to attend the marriage. This vehicle was being driven by Ajay Mishra and Yuddhavir Dahayat was pillion rider. As soon as they reached in front of Agriculture College, Jabalpur the driver of truck bearing registration No. MPJ 6381, respondent No. 1, parked his truck at middle of the road and the parking and sidelights were not on. Ajay Mishra could not see the truck because of sharp brightening of lights of vehicles passing through opposite side and moped dashed with the back side of the truck resulting into the death of Ajay Mishra on the spot and Yuddhavir Dahayat was badly injured and died in Government Victoria Hospital after 24 hours. Report was lodged at Police Station, Adhartal, wherein the Crime No. 2 of 2004 was registered against the driver of the truck and after usual investigation the challan was filed before the competent court.

(3.) AJAY Mishra, aged 21 years was studying in BCA I year. His parents filed the claim petition for awarding compensation of Rs. 43,20,000 with interest thereon.