SHABNAM AND OTHERS Vs. RAMESHWAR MALI AND OTHERS

JUDGEMENT

(1.) Though this case has been listed in the motion hearing, with the consent of learned counsel for the parties, heard finally. The miscellaneous appeal under section 173 of the Motor Vehicles Act, 1988 has been filed challenging the impugned award dated 20/08/2015 passed in claim case No.72/2014 by Motor Accidents Claims Tribunal, Neemuch district Neemuch.

(2.) Facts relevant and necessary for disposal of this appeal lie in narrow compass: On 22/05/2014 at about 5.00 am deceased Mehmud Hussain (husband of appellant No.1, father of appellants No.2 to 4 as well as son of the appellants No.5 and 6) was sleeping on the platform situated at the Community Hall far from the road. At the relevant time, the offending vehicle truck bearing registration No.MP04/HE-1782 driven by respondent No.1 negligently and rashly dashed from reversed side treaded him as a result, the deceased had suffered grievous injuries on various parts of the body and died at spot.

(3.) Learned counsel appearing on behalf of the claimants submits that at the time of incident, the deceased was aged about 33 years. He was earning at least Rs.4,500/- per month by doing Electrician work. 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.