REKHABAI AND OTHERS Vs. ANIL AND OTHERS

JUDGEMENT

(1.) The miscellaneous appeal under section 173 of the Motor Vehicles Act, 1988 has been filed challenging the impugned award dated 09.03.2016 passed in claim case No.106/2015 by II Additional Motor Accidents Claims Tribunal, Ujjain.

(2.) Facts relevant and necessary for disposal of this appeal lie in narrow compass: on 24.12.2014 Kanhaiyalal along with his father Jashrath @ Jashu were going on a motorcycle to meet the sister of Jashrath. When they reached in front of Gopal Daba at Ingoria Badnagar Road, a Truck bearing registration No.MP-09-KC 2653 coming from behind of the motorcycle, driven rashly and negligently dashed them, as a result, Kanhaiyalal and Jashrath died on the spot.

(3.) Learned counsel appearing on behalf of the claimants submits that at the time of incident, the deceased was earning at least Rs.4,500/- per month being an agriculturist and a tractor driver. Because of the incident, he met untimely death. The family is reeling under most precarious financial constraints and also suffered the loss of love and affection of the deceased.