MANJU RAI Vs. ONKAR PANDEY

JUDGEMENT

(1.) This appeal has been preferred being aggrieved by the award dated 31.10.2003 passed by Motor Accident Claims Tribunal, Jabalpur in M.V.C. No.184/2002, whereby the claim petition filed by the appellants under Section 166 of the Motor Vehicles Act has been partly allowed directing the respondents to pay the compensation of Rs.4,22,000/-with interest at the rate of 9% per annum jointly and severally to the claimants for the death of Rajendra Rai caused in a motor accident.

(2.) The facts of the case in short are that on 15.10.2002 at 2:00 p.m. Rajendra Rai was standing near pan shop in village Darshani (Tola), at the same time the respondent No.1 by rashly and negligently driving truck No.MP20-4143 dashed against him. Consequently he died on the spot due to the injuries sustained in the accident. The report of the accident was lodged at Police Station Sihora wherein the crime No.737/02 under Section 304-A of I.P.C. was registered against the truck driver and the charge- sheet was filed in the competent Court. This vehicle was owned by respondent No.2 and insured with respondent No.3.

(3.) The respondents No.1 and 2 jointly filed the reply disputing the claim and their liability mainly contending that the accident occurred due to the negligence of deceased himself.