K.L. MISHRA Vs. BIHARILAL

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act (hereinafter referred to as the Act) is directed against an award dated 22-12-1986 passed by the Motor Accidents Claims Tribunal, Rewa (hereinafter referred to as the Tribunal) directing the appellants to pay Rs. 30,000/- to the respondent-claimant No. 1, Biharilal.

(2.) THE short facts leading to this appeal are that, in the morning hours of the fateful day (i.e. 24-6-1985) at about 7.30 a.m. Mst. Ramwati, wife of the claimant Biharilal was waiting for a bus. Their six months old son Santosh Kumar was also in her lap. Suddenly, the appellant No. 2, Prabhat Kumar riding a Motor Cycle bearing registration No. MPA 8015, rashly and negligently, dashed Mst. Ramwati Bai whereupon both the wife and the son of the claimant sustained injuries and succumbed to it. On these facts, the husband of Mst. Ramwati Bai and father of the infant Santosh Kumar filed a claim petition, claiming compensation to the tune of Rs. 66,000/-.

(3.) THIS fact is not disputed that the Motor Cycle was regis tered in the name of Shri K.L. Mishra, appellant No. 1.