KALAVATI DEVI Vs. PRAHLAD SINGH

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') against the award dated 4. 4. 1995 passed in Claim Case No. 92 of 1990 by Motor Accidents Claims Tribunal, Rewa.

(2.) THE appellants filed an application for compensation of Rs. 5,73,424/- for the death of their breadwinner Ravendra Prasad caused in motor accident on 23. 5. 90 by the passenger bus No. MBS 1935 driven by respondent No. 2, owned by respondent No. 1 and insured with respondent No. 3. The appellants averred that when the deceased was going on a motor cycle with a pillion rider Rajendra Prasad, AW 2, on the uphill side of Rewa-Dabhora Marg, near blind turn the bus driver reversed the bus, as a result of which the motor cycle was dashed and entangled in the bumper of the bus. On account of this Ravendra Prasad came under the wheels and was crushed to death.

(3.) IN the written statement filed by the respondent Nos. 1 and 2 in para 4 a specific plea was raised that the accident was caused due to the sole negligence of the motor-cyclist. When the bus was going on uphill side the motor-cyclist from the wrong side, overtook and came in front of the bus which suddenly dashed the motorcyclist from the left front side. The driver could not see the motor-cyclist as a result of which he was dashed and came under the wheels of the bus because at the spot there was a khai (ditch ). On pleadings of the parties the Tribunal framed the issues. Issue No. 1 related to negligence whether the non-applicant No. 2 was driving the bus in speed and negligently caused the injuries to Ravendra Prasad resulting in his death.