RAMESH CHANDRA Vs. SHRIVATI

JUDGEMENT

(1.) These three appeals have been filed under section 173 of the Motor Vehicles Act, 1988 against the common award dated 18.10.2005, passed in Claim Case Nos. 84, 101 and 102 of 2005 by the Motor Accidents Claims Tribunal, Shivpuri. Because all the appeals have been filed against the same award and arisen out of the same accident, hence, the appeals have been heard together finally and disposed of by this common order.

(2.) On 2.12.2004, deceased Chandan Singh and other labourers had been coming in a tractor bearing registration No. MP 33-M 0295 from a quarry. They had been sitting in a trolley attached to the aforesaid tractor. In the tractor-trolley, stones were transported. Due to rash and negligent driving of the driver of the tractor, it turned turtle and the trolley attached to the tractor also overturned. Due to the aforesaid accident, labourers who had been sitting in the trolley, namely, Chandan Singh, Surendra Singh and Shivlal died on the spot. The report of the accident was lodged at the Police Station Kotwali, District Shivpuri and an offence vide Crime No. 665 of 2005, was registered against the driver of the tractor. Thereafter, the dependants of all the three deceased, Chandan Singh, Surendra Singh and Shivlal, filed claim applications before the Claims Tribunal for compensation.

(3.) The claimants-dependants of the deceased Chandan Singh filed claim petition before the Tribunal which was registered as Claim Case No. 84 of 2005, claiming total compensation of Rs. 29,91,000. Similarly, the claimants-dependants, who are father and mother of deceased Surendra Singh in the Claim Case No. 101 of 2005 claimed compensation of Rs. 60,00,000 and the claimants-dependants of deceased Shivlal in Claim Case No. 102 of 2005 claimed compensation of Rs. 3,23,300. In all the three aforesaid claim cases, appellant Ramesh Chandra was added as a party being the owner of the tractor.