NANDAU Vs. RAJAN @ RAJENDRA KUMAR

JUDGEMENT

(1.) This appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988 being aggrieved by the award dated 18.10.2005 passed by the learned Additional Member MACT, Beohari Distt. Shahdol in Claim Case No.9/2002, by which learned Tribunal has dismissed the claim case of the appellant.

(2.) It is admitted fact that a tractor trolly bearing registration No. MP18-8547-8548 owned by respondent No.2, insured with respondent No.3 and respondent No.1 was the driver of the aforesaid vehicle at the time of incident.

(3.) According, to the appellant/claimant, 18 year old deceased Sanju Baiga son of the claimant was travelling as a labourer in the aforesaid tractor trolly on 28.3.2002. He fell down from the trolly due to the rash and negligent driving of respondent No.1. He was brought to District Hospital Shahdol for treatment and he was admitted there for about 24-25 days. But he died on 30.8.2002. An FIR was lodged at Police Station Jai Singh Nagar District Shahdol for offence under Sec. 304-A of Penal Code against respondent No.1. On the above grounds, the claimant/appellant filed the application for compensation to the tune of L8,57,750.00 against the respondents.