MAMTA SAHU Vs. SHYAMLAL SEN

JUDGEMENT

(1.) This appeal has been preferred being aggrieved by the award dated 15.04.2004 passed by the XI Additional Motor Accident Claims Tribunal, Jabalpur in M.V.C.No.12/2004, whereby the claim petition filed by the appellants under Section 166 of the Motor Vehicles Act has been partly allowed directing the respondents No.1 to 3 to pay the compensation of Rs.1,82,000/-with interest at the rate of 9% per annum on account of death of Manish caused in a motor accident.

(2.) The facts of the case in short are that on 06.01.2003 at about 01:30 p.m. Manish went to load the sand in the tractor of Virendra Sahu and after loading the sand the respondent No.1 rashly and negligently driving the Tractor No.MP20-H.A-0920 by which Manish fell down and the tractor ran over the waist of Manish and he became seriously injured and taken to National Hospital where he succumbed to death on account of the injuries sustained by him in the accident. The report was lodged at police station Katangi wherein the crime was registered against the respondent No.1 and the criminal case executed against him. Manish, aged 19 years was the labourer. The appellants have suffered a great loss on account of his death, therefore, filed the claim petition claiming the compensation of Rs.17,96,000/- to be awarded by the respondents.

(3.) The respondents No.1 and 2 remained ex-parte and did not participate in the proceeding.