AADITYA KHARE Vs. JAMUNA PRASAD KAHAR

JUDGEMENT

(1.) Invoking the appellate jurisdiction of this court under section 173 of the Motor Vehicles Act, 1988 (for short 'the Act'), Aaditya Khare, non-applicant No. 1, has challenged the legality, validity, propriety and correctness of the award dated 20.2.1998, passed by Fourth Additional Motor Accidents Claims Tribunal, Rewa in Claim Case No. 24 of 1997.

(2.) The facts of this case, as have been unfolded, in nutshell are that the respondent Nos. 1 to 3 have filed a petition under section 166 of the Act stating that they are the legal representatives of deceased Sudama Prasad. On 26.7.1991 deceased Sudama Prasad along with his brother Shiv Kumar was going on foot by the side of the road on National Highway 7. When he reached near village Baila, Brijendra Kumar, respondent No. 5, driving motor cycle No. MKA 4563 rashly and negligently came from the side of village Baila and dashed the same against him. Sudama Prasad sustained serious injuries and became unconscious. He was shifted to P.S. Chorhata where the report of the accident was lodged. Thereafter, he was shifted to G.M.H. Hospital, Rewa where his condition went on deteriorating and despite all the possible efforts to save him, he succumbed to the injuries on 27.9.1991 at 8 p.m.

(3.) The claimants stated that deceased Sudama Prasad was aged about 22 years at the time of his death. He was a very good cook and was working in Patel Hotel as cook. He was earning Rs. 1,000 per month by way of salary. He also used to get his breakfast and food in the hotel and a sum of Rs. 5 per day by way of allowance. He was also looking after agriculture and earning Rs. 5,000 per annum. The claimants claimed compensation of Rs. 8,01,000. It was alleged by the claimants that the non- applicant No. 1appellant was the registered owner of the offending motor cycle which was sold by him to Ramdas Tripathi, non- applicant No. 2-respondent No. 4.