SHAKUNTALA PARE Vs. NARMADA GHATI VIKAS PRADHIKARAN

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants being aggrieved by the award dated 19-3-2007 passed by ii Additional Motor Accident Claims tribunal, Bhopal, in M. C. C. No. 33/2002, whereby the claim petition filed by the appellants under Section 166 of the Motor Vehicles Act, 1988 for awarding the compensation on account of the death of Anokhilal has been dismissed.

(2.) THE brief facts of the case in short are that in the intervening night of 27th and 28th of October, 1999 at about 12 o'clock Anokhilal was coming from his office by driving Jeep (CPZ 5996) which fell down in a ditch on account of brake failure. Consequently, he received serious injuries. He was carried to hamidia Hospital, Bhopal where he succumbed to injuries on 28-10-1999. The report was lodged at Police Station, Govindpura wherein the Merge No. 73/1999 was registered. It was also averred that Anokhilal was the driver at the time of incident in the office of Narmada Valley Tribunal and was getting a sum of rs. 5,360/- per month. The appellants have suffered a great loss on account of death of Anokhilal, therefore, they filed the claim petition for compensation of rs. 10,25,000/- with interest at the rate of 18% per annum.

(3.) THE respondent submitted written statement denying the claim and its liability mainly contending that the accident did not occur (sic: occurred) due to rash and negligent driving by the deceased himself, therefore, the appellants are not entitled for any compensation.