FOOLMATI BAI Vs. PANCHAM SINGH

JUDGEMENT

(1.) THIS is a Misc. Appeal filed by the claimants against the order passed by the Motor Accidents Claims Tribunal in Claim Case No. 4/83, dated 25.5.89, whereby the Tribunal has awarded a sum of Rs. 15,000.00 as compensation to the claimants.

(2.) BRIEF facts giving rise to this appeal are that on 9.11.82, an Ambassador Car bearing Registration No. M.P.R. 105, met with an accident by dashing against truck bearing Registration No. V.T.P. 6239, a little away from Goraghat near Dabra crossing. In that accident, deceased Aasharam died. Therefore, a claim petition was filed by his widow and dependent children. It is alleged that Aasharam, on 9.11.82, was driving the Ambassador car while going from Katni to Delhi. He was employed with Ishwar Mining Industries Pvt. Ltd. and one Kamtaprasad, an officer of the Company, was also sitting in the car. In the afternoon, at 2.30 p.m., a little away from Goraghat, near Dabra crossing when the truck V.T.P. 6239 was coming from Gwalior and driven rashly and negligently, dashed against the Ambassador car as a result of which Kamtaprasad, the occupant of the Ambassador car, and driver Aasharam were injured and ultimately Aasharam succumbed to his injuries. Therefore, the widow of Aasharam and his dependents filed the claim petition.

(3.) THE claim petition was opposed by the defendants. They took the plea that the vehicle was driven by Aasharam in a rash and negligent manner and dashed against the stationary truck. They also denied that Aasharam was getting Rs. 700.00 p.m. They also denied that Aasharam was capable of spending Rs. 30,000.00 on the marriages of his daughters. The Insurance Company also denied the allegations.