LEELA BAI Vs. KAMAL

JUDGEMENT

(1.) The miscellaneous appeal under section 173(1) of the Motor Vehicles Act, 1988 has been filed challenging the impugned award dated 20.02.2018 passed in claim case No.127/2017 by Additional Motor Accidents Claims Tribunal, Biora, District Rajgarh.

(2.) Facts relevant and necessary for disposal of this appeal lie in narrow compass: on 01.12.2016 deceased Mangilal alongwith his friend Premsingh going towards Rajgarh by motorcycle, reached near Pipalbe Ashram, the offending vehicle bearing registration no.MP08/CA/5281 rashly and negligently driven by the driver dashed the motorcycle, as a result, the deceased (Mangilal) had suffered grievous injuries on various parts of the body and died on the spot.

(3.) Learned counsel appearing on behalf of the claimants submits that at the time of incident, the deceased aged about 30 years was earning at least Rs.5,500/- per month by doing job as a driver. Because of the incident, he met untimely death leaving behind his wife, three children mother and father . The family is reeling under most precarious financial constraints and also suffered the loss of love and affection of the deceased.