SAMRUNNISA Vs. RAUNAK ALI

JUDGEMENT

(1.) This appeal has been preferred being aggrieved by the award dated 29.02.2003 passed by I Additional Motor Accident Claims Tribunal, Shahdol in Claim Case No.15/2002, whereby the claim petition filed by the appellants under Section 166 of the Motor Vehicles Act has been partly allowed directing the respondents No.3 to 5 to pay the compensation of Rs.2,85,000/-with interest at the rate of 9% per annum for the death of Shamshuddin caused in a motor accident.

(2.) The facts of the case in short are that on 24.05.2001 Shamshuddin was going by Marshal Jeep No.MP18-B-9092 from Kotma to Faizabad. This vehicle was being driven by Shamin Ahmed who was having valid and effective driving licence. He was driving this vehicle cautiously but at about 9:00 p.m. at Village Kori the respondent No.3 by rashly and negligently driving the bus No.MP18-7865 dashed the jeep resulting into death of Shamshuddin. The report was lodged against the respondent No.3.

(3.) The respondent No.1 filed the written statement mainly contending that he has not taken any fare or other consideration from Shamshuddin. There is no fault of his vehicle hence he is not liable to pay any compensation.