FIROZ Vs. STATE OF M P

JUDGEMENT

(1.) Since all these appeals, arise out of the same accident and only challenge pertains to quantum of compensation, therefore, the same are being finally disposed of by common judgment.

(2.) These appeals have been preferred by the appellants for enhancement of the compensation amount which has been awarded by learned First Additional Motor Accident Claims Tribunal, Shivpuri vide common award dated 25.01.2005 in Claim Case No. 16/2004, 23/2004 and 29/2004.

(3.) Brief facts of the case are that on 25.01.2003, the deceased Gulab Singh, Haseena Begum and Sidhharth alongwith other persons were going from Gopalpura to Shivpuri by a bus bearing registration No. MP 08A 2937. Near Goraghat on AB Road at about 10:45 AM, the said bus collided with a tanker bearing No. MH 04 AM 2285 driven by respondent No. 1-Basant Singh. This accident has occurred due to negligence of the driver of the tanker by which total five persons died on the spot and 31 persons sustained grievous as well as simple injuries. An FIR (Ex.P/2) was lodged by Prakash Gurjar at police station Subhashpura, district Shivpuri. During investigation, police found that the accident occurred due to rash and negligent driving of the driver of the tanker bearing No. MH 04 AM 2285 and after completion of investigation the charge sheet was filed before the criminal Court against the respondent No. 1.