KANCHAN KANWAR Vs. MEHBOOB AHMED

JUDGEMENT

(1.) Instant appeal is directed against the Judgment and Award dtd. 17/10/2003 passed by the Motor Accident Claims Tribunal, Sojat, Camp Jaitaran, District Pali in motor accident claim case number 69/2001, whereby the claim petition preferred by the appellants was dismissed.

(2.) According to the assertions made in the claim petition, on 1/7/2001 at about 10:50 pm, on the public road between a petrol pump located at Nimaaj bypass and Khinawadi village, driver of bus no. RJ-19-P-2979 Mehboob Ahmed was driving the bus rash and negligently as well as at a high speed. The bus collided with a tractor number RJ-19-R-3050, which was moving ahead of the bus and on the correct side of the road. As a consequence of the collision, the tractor driver Satyanarayan Singh @ Sattu fell down from the tractor and died when the tractor, along with the trolley, ran over him. Offence against respondent no. 1 Mehboob Ahmed was registered u/s 279, 337, 338 and 304A of IPC by the police and after investigation charge sheet was filed against him before the court of competent jurisdiction.

(3.) According to pleadings, at the time of death, deceased was aged about 22 years and stated to be employed as a driver for the same tractor owner for the past 6-7 years, earning Rs.3000.00 per month as salary along with an additional amount for expenses. In addition to this, he also had experience in farming. After deducting his personal expenses, he used to earn a net income of Rs.3000.00 per month. He left behind a widow and mother; both of whom were dependent on him.