KADHORA AHIRWAR Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred being aggrieved by the award dated 09.05.2006 passed by the Motor Accident Claims Tribunal, Panna in Claim Case No.02/2006, whereby the claim petition filed by the appellants under Section 166 of the Motor Vehicles Act has been rejected.

(2.) The facts of the case in short are that on 01.11.2005 the son of appellants Dhaniram Ahirwar, aged 20 years was returning on motor cycle No.MP35B/0246 from Chopra temple to his house at the same time respondent No.2 by driving the Dagga No.MP02/AV-0348 rashly and negligently suddenly turned it towards the office of Home Guard without giving any indication due to which Dhaniram could not control his motor cycle coming behind it and was hit with the truck and sustained severe injuries on his head and other parts of the body. He was brought to Civil Hospital, Panna from where he was referred to Gwalior and died on the way to Gwalior. The F.I.R. was lodged against the respondent No.2 at Police Station Kotwali wherein the offence was registered against the respondent No.2. After completing the investigation, the chargesheet was filed against the respondent No.2 in the Court of C.J.M., Panna.

(3.) The respondent No.2 filed the written statement denying the averments mainly contending that this accident did not occur due to rash and negligent driving by him. The deceased himself drove the motor cycle rashly and negligently. He was also not having the driving licence.