DHAPU KANWAR Vs. SAHIRAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 29.08.2002 passed by Motor Accident Claims Tribunal, Phalodi ('the Tribunal'), whereby, for the death of one Dan Singh, the Tribunal has awarded a sum of Rs.3,34,000/ - as compensation alongwith interest @ 9% per annum from the date of filing application for compensation ('the application') i.e.

(2.) 11.2000. 2. The facts in brief may be noticed thus: the deceased Dan Singh was working as an additional driver alongwith one Mohan Lal, when on 18.12.1999 the Truck bearing Registration No.RJ - 07 -G -1240, which was driven by Mohan Lal was crossing an unmanned railway crossing on account of the said driver Mohan Lal not taking care the same, collided with the rushing Train, resulting in the death of both Mohan Lal and Dan Singh.

(3.) EVIDENCE was led by the claimants, whereby, three witnesses were examined. No evidence was led by the owner and Insurer of the vehicle. After hearing of the parties, the Tribunal came to the conclusion that the accident occurred on account of rash and negligent driving by driver Mohan Lal. The driver Mohan Lal was in possession of a valid driving licence and the deceased Dan Singh cannot be held to have contributed in the accident.