MUNIYABAI (SMT.) AND ANOTHER Vs. MADANLAL AND OTHERS

JUDGEMENT

(1.) The appellants/claimants have preferred this appeal u/S. 173 of Motor Vehicles Act 1988 (For brevity "the Act") assailing the award dated 08.4. 2006 passed by the IInd Motor Accident Claims Tribual, Pichore, Distt. Shipuri in Claim Case No. 58/2005, by which the application filed by the appellants u/S. 166 of the Act has been dismissed.

(2.) The facts which are requisite to be stated are that on 22.5.2005 the deceased Gyasi Ram was traveling on a motor cycle which belongs to respondent Ajay alias Ajju Pathak. When the said motorcycle was proceeding towards Badarwas it was hit by the Tractor bearing Registration No. MP 33 M 5659 and Trolley No. MP 33 M 5660 which was driven rashly and negligently by the respondent no. 2 Prabhu, as a result, Gyasi Ram sustained injuries and he died on the spot. The driver of the motor cycle Ajay alias Ajju Pathak has also sustained injuries. Accident was reported to the Police Station Pichore. The dead body of the deceased was sent for the Post Mortem and after completion of investigation, the police filed chargesheet against the respondent no. 2 before the Judicial Magistrate First Class Pichore.

(3.) The appellants filed claim petition u/S. 166 of the Act before the Claims Tribunal praying for compensation of Rs. 18, 05,000/- along with future interest etc on the ground that at the time of accident the deceased was a healthy person aged about 50 years, and was engaged in Contractorship. He was earning Rs. 8,000/- per month.