BASUBAI Vs. ANWARJI CHOUHAN

JUDGEMENT

(1.) The miscellaneous appeal under section 173 of the Motor Vehicles Act, 1988 has been filed challenging the impugned award dated 10.07.2018 passed in claim case No.326/2016 by XVI Motor Accidents Claims Tribunal Indore, District Indore.

(2.) Facts relevant and necessary for disposal of this appeal lie in narrow compass: on 24.12.2016 deceased Rambharos alongwith his relatives while going to Narmada Parikrama by bus bearing registration No.MP09-FA-4300, it was stopped near Hauman Mandir, Police Station Pansheela, District Surendra Nagar (Gujrat), the offending truck bearing registration No.GJ11-X-8065 rashly and negligently driven by the respondent No.1 and dashed the bus, as a result , the deceased (Rambharos) had suffered grievous injuries on various parts of the body. During the course of treatment, he died.

(3.) Learned counsel appearing on behalf of the claimants submits that at the time of incident, the deceased was earning at least Rs.4000/- per month by doing agriculture. Because of the incident, he met untimely death. The family is reeling under most precarious financial constraints and also suffered the loss of love and affection of the deceased.