BRANCH MANAGER THE ORIENTAL Vs. SMT. RANJU YADAV

JUDGEMENT

(1.) This appeal has been filed under Section 173(1) of the Motor Vehicles Act, 1988 [hereinafter referred to as 'the Act'] challenging the legality and validity of the award dated 5-8-2016 passed by the II Additional Motor Accident Claims Tribunal, Anuppur [for short 'the Tribunal'] in Claim Case No.22/2015, whereby the claim filed by the respondents for compensation on account of death of the husband of the respondent No.1/claimant, namely, Shatrughan Yadav has been allowed.

(2.) The facts of the case adumbrated in a nutshell, are that the respondents-claimants filed a claim case before the Tribunal claiming compensation on account of death of Late Shatrughan Yadav, who was travelling in a Safari car which was dashed by the offending vehicle - truck bearing registration No.MP-20-HB-0919 from behind while overtaking the car, as a consequence of which the deceased along with other travellers in the car died on account of injuries sustained by them in the accident.

(3.) An FIR was registered by the police against the driver of the offending vehicle and after conducting necessary investigation, charge-sheet was filed before the court of competent jurisdiction. The issue regarding the death of the deceased on account of the negligent driving by the offending vehicle - the truck was found to be proved which was being rashly and negligently driven by the respondent No.8.