SUBHADRA AND ORS. Vs. DASHRATH PANCHAL AND ORS.

JUDGEMENT

(1.) The instant appeal has been preferred by the appellants claimants against the judgment dated 10.10.2013 passed by the learned Judge; Motor Accident Claims Tribunal, Kushalgarh in Claim Case No. 30/2010 whereby the claim application filed by the claimants appellants under Section 166 of the Motor Vehicles Act seeking compensation upon death of Mahaveer Singh in a road accident was rejected.

(2.) Facts in brief are that the claimants filed a claim application before the Tribunal with the averment that on 23.5.2009 the deceased Mahaveer Singh and his friend Gajendra Singh were proceeding on a motor cycle bearing registration No. RJ 02/9M-2270 from Badodiya to Kushalgarh. A truck bearing registration No, RJ 27G-9786 being driven by its driver Kalu Singh in a rash and negligent fashion came from opposite direction and collided with the motor cycle driven by Mahaveer Singh resulting into injuries being caused to Mahaveer Singh and Gajendra Singh. Mahaveer Singh was taken to the Hospital and expired while undergoing treatment. An F.I.R. No. 109/2009 was registered at P.S. Kalinjara in relation to the accident. After investigation the police filed charge-sheet against Kalu Singh for the offences under Sections 279, 337 and 304A I.P.C. and Section 134/187 of the Motor Vehicles Act.

(3.) The claim application was filed impleading Dashrath Panchal, the owner of the truck, Bajaj Alliance General Insurance Company Ltd. the insurer, and Kalu Singh, the driver as non-claimants. It was pleaded in the claim application that the deceased was a Constable in police department and was drawing salary of 13,549/- per month at the time of his death. Total compensation of 69,77,000/- was claimed.