LAWS(MPH)-2007-11-77

SHAHNAZ BANO Vs. DAULAT SINGH

Decided On November 20, 2007
Shahnaz Bano Appellant
V/S
DAULAT SINGH Respondents

JUDGEMENT

(1.) The appellants have preferred this appeal being aggrieved by the impugned award dated 18-7-2000 passed by the IInd Additional Motor Accident Claims Tribunal, Mandla in claim Case No. 30/95 whereby the claim petition has been dismissed.

(2.) The facts of the case in short are that on 16-1-94, deceased Sayed Tazulla was going from Mandla to Tindani at about 7:00p.m.The respondent Daulat Singh by driving vehicle No. MP-02-0468 in rash and negligent manner dashed the deceased. Sayed Tazulla fell down and sustained serious injuries. He was taken to District Hospital, Mandla and thereafter he was taken to Medical College Hospital, Jabalpur, deceased died at about 1:00 a.m in Jabalpur. The respondent no.1 was in the employment of respondent no. 2 and 3 as a driver, the appellants are the widow and children of the deceased, they claimed Rs. 7,86,000/-as compensation.

(3.) The respondents denied the case of the appellants. They pleaded that the vehicle No. MP-02-0468 was not involved in the accident. They submitted that respondent no. 1 and Chief Medical Officer were at different place on the date of accident alongwith the jeep which is having a blue light on the top of the vehicle.