KANTIBAI Vs. RAJENDRA SINGH

JUDGEMENT

(1.) The miscellaneous appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short 'the Act') is directed against the award dated 16.6.2014 passed in claim case No. 35/2011 by 1st Additional Member, Motor Accident Claims Tribunal, Dhar.

(2.) Facts relevant and necessary for disposal of this appeal lie in narrow compass: on 6.6.2011, the deceased (Jugalkishore) while going on motorcycle along with his friend to Pithampur met with an accident near Bhairobaba Temple due to rash and negligent driving of respondent No. 1. as the over speedy Truck bearing No. MP 9 KB 9329 hit the motorcycle of deceased from front side, as a result, the deceased suffered grievous injuries on various parts of the body and died on the spot.

(3.) Learned Counsel appearing on behalf of the claimant submits that at the time of incident the deceased aged 26 years was earning Rs. 15,000 by repairing motorcycle. Because of the incident, he met untimely death leaving behind widow, two children and parents. The family is reeling under most precarious financial constraints and also suffered the loss of love and affection of the deceased.