SHASHI AWASTHI Vs. MUNNA PRASAD TRWARI

JUDGEMENT

(1.) This appeal has been preferred being aggrieved by the award dated 19.12.2006 passed by Motor Accident Claims Tribunal, Jabalpur in M.V.C. No.188/2005, 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 13.12.2004 at about 6:00 p.m. Vipin Awasthi was coming back to Jabalpur from Manegaon on his motor cycle. This motor cycle was being driven by Baba @ Prakash Trivedi and the deceased was pillion rider. In the jurisdiction of Bargi police station, the truck bearing No.AP-20G/ 1297 being driven by respondent No.1 rashly and negligently dashed the motor cycle consequently Vipin Awasthi sustained the grievous injuries. He was admitted in Jabalpur hospital where he succumbed to death on 14.12.2004 on account of the injuries sustained in the accident. The marg intimation report was taken by the concerned police. The respondent No.2 was the owner of this vehicle and it was insured with respondent No.3.

(3.) After inquiry of marg intimation report the concerned police recorded the F.I.R. and after investigation the charge-sheet was filed against the driver of the offending vehicle.