PUSHPA DEVI Vs. NARENDRA SINGH BHADORIYA

JUDGEMENT

(1.) Both these appeals arise out of the same incident and are, therefore, disposed of by this common order.

(2.) M.A. No. 350 of 1996 has been filed. by the claimants for enhancement of the compensation and M.A. No. 334 of 1996 has been filed by the owner of the truck.

(3.) Brief facts giving rise to both these appeals are that on 21.6.1993, at about 7.30 a.m., deceased Aasharam was coming from village Gormi to Porsa in truck No. MPH 6603 along with black gitti. The truck was being driven by driver Parbatsingh Kushwaha rashly and negligently. When the truck reached Bhajpura near the well of Ramcharan, it got overturned and Aasharam who was sitting in that truck, was crushed to death. Prakash, another occupant also received injuries. It is alleged that the dead body of Aasharam and injured Prakash were taken out by a military truck. A report of the incident was lodged at Police Station Porsa by Shiv Kumar, nephew of Aasharam and offences under sections 279, 337 and 304-A of the Indian Penal Code were registered against the accused. This claim petition was filed by Pushpa Devi, widow of the deceased and Shiv Kumar, her adopted son. They claimed compensation of Rs. 4,50,000.