BRAMHCHARI TIWARI Vs. JOGINDER KAUR

JUDGEMENT

(1.) SHORT facts involved herein are that Shrikant Tiwari, husband of respondent No.4 and son of appellants died in an accident on 1.1.2005 when his motorcycle was hit by truck No.MP20/G-1392. The offending truck was owned by respondent No. 1 and was being driven by respondent No.2 at the relevant time. A claim petition was submitted under section 166 of the Motor Vehicles Act, 1988 by the parents wherein widow of the deceased was also impleaded as non-applicant No.4. In response to the claim petition, respondent No.4 submitted a counter claim alongwith written statement.

(2.) AFTER trial on merits, the claim petition was allowed and a sum of Rs.5,00,000/- was awarded as compensation. The learned claims Tribunal further apportioned the amount of compensation to the extent of 80% to the widow, 15% to the mother and 5% to the father of the deceased.

(3.) THIS Court vide its order dated 15.1.2009 sent compromise application to the claims Tribunal with a direction to verify and record its satisfaction with regard to the terms of compromise. Learned Member, MACT, Shahdol vide Memo No.92/Nyaya/09 dated 30.1.2009 sent his report that the compromise was duly entered into without any undue factor/ pressure. Learned Member of the claims Tribunal has recorded the statement of respondent No.4 as well as appellant No.1 in support of the compromise. Learned counsel for the appellant as well as respondent No.4 stated at Bar that there is no reason for them to disagree with the compromise. Thus, the compromise is accepted,