PREM SINGH KUSHWAH Vs. MAYARAM SINGH GURJAR

JUDGEMENT

(1.) This order shall govern disposal of M.A. No. 814/ 2004, M.A. No. 815/2004 and M.A. No. 455/2005 as all appeals are arising out of the same accident. The appellants have preferred these appeals being aggrieved by the impugned awards dated 2nd July, 2004 and 20th Jan., 2005 passed by Additional Motor Accident Claims Tribunal, Gohad, District Bhind in Claim Case Nos. 38/2002, 37/2002 and 36/ 2002 respectively whereby the claim petitions filed by the appellants have been dismissed.

(2.) The facts of the case in a nutshell are that on 22nd March, 2000 at about 9.00 p.m. deceased Gurdip was riding a motorcycle bearing No. M.P. 06/A-7921. Prem Singh and Balveer Singh were pillion-riders. They were going to village Chakutkeda. The respondent No. 1 Mayaram Singh Gurjar by driving tractor No. U.P. 75/4695 rashly and negligently dashed the motorcycle. In the said accident Gurdip, Prem Singh and Balveer Singh sustained injuries and Gurdip succumbed to the injuries. The F.I.R. was lodged and the case was registered. Deceased Gurdip was aged about 25 years at the time of accident. He was earning Rs. 3,000.00 per month by agricultural activities. The claimants in M.A. 455/2005 are the parents of the deceased Gurdip. They claimed Rs. 14,65,000.00. Later on it was reduced to Rs. 7,00,000.00.

(3.) The claimant in M.A. No. 815/2004, which is arising out of Claim Case No. 37/2002 sustained grievous injuries over his hand and legs and sustained permanent disability. He is deprived of future earning. Similarly, the claimant in appeal No. 814/2004 sustained grievous injuries and permanent disablement. He is also deprived of future earning due to permanent disablement.