SMT. BHURIBAI AND OTHERS Vs. HARISINGH AND OTHERS

JUDGEMENT

(1.) The miscellaneous appeal under section 173 of the Motor Vehicles Act, 1988 has been filed challenging the impugned award dated 11.09.2015 passed in claim case No. 273/2013 by Motor Accidents Claims Tribunal, Jobat district Alirajpur.

(2.) Facts relevant and necessary for disposal of this appeal lie in narrow compass: Dulesingh (husband of appellant No. 1, father of appellant No. 3 and son of appellants No. 2) on 28.08.2012 alongwith other family members on his way to the relative's home by tufan jeep bearing registration No. MP45/BB 0661 and at about 1:15 pm when it reached near Bhurighati at Khandwa-Baroda Road, turned turtle as the vehicle was driven by respondent No. 1 negligently and rashly as a result, the deceased (Dulesingh) had suffered grievous injuries on various parts of the body. After primary medication at Nanpur Hospital, he was referred to District Hospital, Alirajpur. Due to his serious health condition, he was taken to Mangalam Hospital, Baroda State of Gujarat wherefrom he was referred to Premdas Jalaram Hospital and further referred to hospital situated at Pipariya, During the course of treatment, he died on 29/09/2012 at Dhiraj Hospital, Pipariya.

(3.) Learned counsel appearing on behalf of the claimants submits that at the time of incident, the deceased was earning at least Rs. 7,742/- per month being Assistant Teacher in a Government School. 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.