RATNA PARASHAR Vs. KUSUMLATA

JUDGEMENT

(1.) THIS order will govern the disposal of M. A. No. 692/01 and M. A. No. 803/01 arising out of composite order dated 31-7-2001 passed by Fourth Additional Motor Accidents Claims Tribunal Gwalior whereby the Claim Cases bearing No. 71/2000, 72/2000, 73/2000 and 74/2000 put-forth by the claimants therein were rejected on the ground that the negligence of the driver of the offending vehicle was not proved. The present appeals are against the order passed in the Claim Case No. 74/2000 and 73/2000 respectively.

(2.) THE facts in nutshell giving rise to the aforesaid claim applications are that on 26-9-1996, Chandraprakash Parashar, Lalit Prasad Sharma, Bunti alias dinesh and others were travelling in a Jeep bearing Registration No. M. P. 06/d-0116. The said jeep was driven by Ramveer Singh. At about 10 p. m. when the said jeep had reached at loop road opposite Sharma farm on A. B. Road met with an accident having head-on collided with oncoming truck. The said accident resulted in casualties of Chandraprakash Parashar, Lalit Prasad Sharma, Dinesh agarwal and the driver of Jeep viz. Ramveer Singh. An offence under section 304-A/279/337, Indian Penal Code was registered against the driver of the truck bearing red colour which had collided with the Jeep. Copy of the FIR is brought on record as Ex. P/1.

(3.) OPPORTUNE it will be to mention, that the parents of Ramveer Singh, the driver of the jeep, had also preferred a claim which was the subject-matter of claim Case No. 43/2000 and the compensation of Rs. 1,36,000/- was granted. The parents of deceased Ramveer Singh being aggrieved of the inadequacy of the amount preferred an appeal;before the Court which was a subject-matter of M. A. No. 37/03 and the same was compromised by the New India Assurance Co. Ltd. with whom the Jeep was insured, in the Lok Adalat on 1-9-2007 the compromise was entered into despite 'of the fact that the Insurance Company had the permission under section 170 of Motor Vehicles Act, 1988. ;