KUSHUM DIXIT Vs. DILIP KUMAR BANSAL

JUDGEMENT

(1.) The claimants are not satisfied with the quantum of compensation awarded by the learned Motor Accident Claim Tribunal No.1, Dholpur in M.A.C.T. Case No.452/2004 vide award dtd. 20/7/2004, hence, S.B. Civil Misc. Appeal No.2045/2005.

(2.) Respondent No.1-Dilip Kumar Bansal who is/was owner of the offending vehicle is not satisfied with the above said award deciding his liability to pay compensation in absence of insurance of the vehicle, hence, S.B. Civil Misc. Appeal No.1809/2004.

(3.) Brief facts of this case are that Sant Kumar, husband of claimant-Kusum Dixit and father of other claimants, was carrying his goods on Truck bearing Registration No.RJ/25/G/0427, on 12/1/1997, at about 09:30 p.m. near Keshar Bagh, due to rash and negligent driving of driver, the truck turned turtle and Sant Kumar died at the spot. The driver fled away. However, on getting information, the police came and took out the dead body with the help of others from the truck. FIR No.09/1997 was registered with Police Station Sadar, Dholpur. During investigation, it surfaced that Mr. Gorelal S/o Sukalal was driving the truck at the time of accident. After completion of investigation, police submitted charge-sheet in the police case aforesaid. Driver was not a party to the claim case, however, one Bangali S/o Prabhu Dayal was impleaded as respondent No.2, for the reason that it came to the notice of the claimant that Bangali was, in fact, managing entire affairs of the truck business and he was getting income of the truck.