STATE OF MADHYA PRADESH Vs. SUSHILA TRIPATHI

JUDGEMENT

(1.) THIS appeal by the State has been preferred against the award of Rs. 1,20,000 (Rupees one lakh and twenty thousand) dated 5. 5. 1993 in Motor Accident Claim Case No. 134 of 1989 by Motor Accidents Claims Tribunal, Raipur.

(2.) THE case of the claimant-respondent Nos. 1 to 4 was that deceased Police Constable Prafulla Kumar Tripathi was the husband of respondent No. 1, Sushila Tripathi and father of respondent Nos. 2 to 4. On 5. 4. 1989 the Police Inspector (Traffic) was checking motor vehicles at Pachpedhi Naka, Ring Road, Raipur, in connection with Traffic Safety Week. The deceased Police Constable Prafulla Kumar Tripathi, respondent No. 5 Laxmidhar Diwan and other police officials were also there on duty. During the checking, Police Inspector (Traffic) took a scooter No. CIR 7571 from its owner Prabhakar R. Ambilkar, respondent No. 6 and directed the deceased Police Constable Prafulla Kumar Tripathi to proceed on it along with respondent No. 5, Police Constable Laxmidhar Diwan for checking of the vehicles. Though the deceased Prafulla Kumar Tripathi initially was disinclined to go on the scooter, but ultimately complied with the orders of his superior and proceeded as pillion rider on the said scooter, being driven by respondent No. 5, Laxmidhar Diwan.

(3.) CASE of claimant-respondent Nos. 1 to 4 further is that the scooter driver Constable Laxmidhar Diwan, respondent No. 5, drove the scooter at a fast speed which got out of his control near the bridge at Kashiram Nagar and slipped. The driver of the scooter, respondent No. 5 Laxmidhar Diwan and pillion rider Prafulla Kumar Tripathi fell on the road and both of them sustained injuries and were removed to D. K. Hospital, where Prafulla Kumar Tripathi, despite treatment succumbed to the injuries on 14. 4. 1989.