MOST.SUNDARI Vs. NARENDRA KUMAR @ NARENDRA KUMAR SONDI

JUDGEMENT

(1.) In this appeal, the claimants-appellants have assailed a part of the award made under Section 140 of the Motor Vehicle Act, whereby in stead of interim award of Rs. 50,000/-, learned Tribunal has awarded only Rs. 25,000/- to the claimants. The appellants had filed claim petition before the Motor Vehicle Accident Claim Tribunal, Hazaribag on the death of Manki Sao, caused by motor vehicle accident.

(2.) The brief fact of this case is that the deceased Manki Sao-was traveling as a pillion rider on a TVS Victor motorcycle bearing No. JH02C 8205 along with his son Birendra Kumar Snehi-claimant No. 2. As soon as they reached at Singhani More near the bridge on Hazaribag-Bishnugarh Road, the offending Holland tractor coming from opposite direction dashed them and caused severe injuries. Manki Sao succumbed to the injury and died on the spot. It was claimed that the accident took place due to rash and negligent driving of the offending Holland tractor.

(3.) A case was registered with the local Police under Sections 279 /337 /338 /304A of the Indian Penal Code.