TARAK MANDAL Vs. HARI BHAGWAN

JUDGEMENT

(1.) THE present Misc. Appeal has been preferred challenging the award dated 31.3.1997 passed by Motor Accident Claims Tribunal, Baran in MACT Case No. 8/96 whereby the claim application has been dismissed in toto.

(2.) THE claimants were parents of the deceased Devashish, who is alleged to have died in the accident on 17.9.1995. with a tractor make Ford 3610, being driven by driver respondent No. 1 Haribhagwan and owned by respondent No. 2 Kishangopal and the respondent Nos. 3 and 4 are insurer of the tractor. It was alleged that the accident had been caused because of negligence of the driver. The claimants had stated that the deceased was earning an amount Rs. 5,000/ - per month from his business of photography and agriculture work. The claimants claimed an amount Rs. 28,45,000/ - under different headings.

(3.) IT is the contention of the appellant that the Tribunal failed to take into consideration the evidence produced including the statements recorded by the police Under Section 161, Cr.P.C. of Raghuvir Singh, which Raghuvir Singh was produced as A.W. 4. It is further submitted that even though initially the police registered the case Under Section 302, I.P.C. but, later on, completed the investigation and filed the challan Under Section 304 -A, I.P.C.