RAJNI SONI Vs. HEMRAJ

JUDGEMENT

(1.) THIS appeal has been preferred being aggrieved by the award dated 31. 8. 2006, passed by the Additional m. A. C. T. , Lakhnadaun in Claim Case No. 13 of 2005 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. 3,86,443 (50 per cent of the total amount of compensation of Rs. 7,72,886) with interest at the rate of 6 per cent per annum from the date of filing of the claim petition till realisation on account of death of Suresh Kumar Soni caused in the motor accident.

(2.) THE brief facts of the case are that on 5. 1. 2002, Suresh Kumar Soni was going to ganeshganj from Chhapara on his motor cycle (No. MP 20-G 8686) and as soon as he reached near village Kuhiya from the side of Ganeshganj to Seoni on National highway 7 the driver of the tractor (No. MP 22-B 8465) has stationed the tractor on the road due to which Suresh Kumar soni riding his motor cycle dashed it, consequently he sustained grievous injuries. He was admitted in the S. I. M. S. Hospital, nagpur. The report was lodged at Police station, Lakhnadaun, wherein a Crime No. 2 of 2002 was registered against the respondent No. 1 and after due investigation a charge-sheet has been filed in the competent court. It was also averred that the age of Suresh kumar Soni was 34 years. He was in the government service and working as village assistant and getting a sum of Rs. 8,205 per month as salary. The appellants were dependent upon him. They have suffered a great loss, on account of the death of suresh Kumar Soni, therefore, the claim petition was filed for awarding compensation of Rs. 61,25,000.

(3.) RESPONDENT No. 1 has himself admitted that he stationed his tractor-trolley on account of it being punctured but there is no negligence on his part, therefore, he prayed to dismiss the claim petition.