BHARTI CHANDWANI Vs. JASSUMAL

JUDGEMENT

(1.) In this appeal preferred under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), the claimants, the legal representatives of deceased Manohar Lal have called in question the propriety of the award dated 18.1.95 passed by the Motor Accidents Claims Tribunal, Bhopal, in Motor Claim Case No. 10 of 1994.

(2.) The facts as have been unfolded are that on 18.12.1993, the deceased Manohar Lal was proceeding on his scooter from Bhopal to Bairagarh and deceased Asann Das was sitting on the scooter as a pillion rider. The offending mini bus bearing the registration No. NP-04-F-350 belonging to Jassumal, respondent No. 1 and driven by Ramesh Kumar, respondent No. 2 came from behind and dashed against the scooter and Manohar Lal sustained injuries and finally succumbed to the same. The claimants filed a claim petition before the Tribunal contending, inter alia, that the deceased was aged about 32 years and had worked as a cashier in Punjab National Bank for some time before the accident. They had put forth that the salary of the deceased was Rs. 3,000 per month and he was also running a medical store with his brother from which he was getting Rs. 4,000 per month. Asserting these facts a claim of Rs. 10,67,000 was put forth by the claimants.

(3.) The claim of the claimants was resisted by the owner and driver of the vehicle on the ground that the accident had occurred due to negligence of the scooterist and, therefore, no compensation was payable.