SANDHYA Vs. GHANSHYAM SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the appellants under section 173 of the Motor Vehicles Act, 1988 against an award dated 15.7.2008, passed by the learned Fifth Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 73 of 2006. Because insurance company, respondent No. 3, insured the vehicle in which deceased was travelling in that circumstances with the consent of the parties case is disposed of finally.

(2.) ON 20.1.2006 deceased Manoj Singh was coming from New Delhi to Gwalior on a truck bearing registration No. MP 07-G 5031, after loading goods for transport. He was working in the capacity of driver. As per complainant when the truck reached near Mathura it collided against a troller bearing registration No. HR 38-C 7584 on the rear side. In the aforesaid accident deceased received severe injuries and died on the spot. Report of the accident was lodged at the Police Station, Chata. Subsequently claimants filed claim application before the Claims Tribunal claiming total compensation of Rs. 18,00,000. Claims Tribunal rejected the application on the ground that the claimants have failed to prove the fact that the accident occurred due to negligence of the driver of vehicle No. MP 07-G 5031, in which deceased had been travelling as second driver. Although the Tribunal has quantified entitlement of compensation on account of death of the deceased at Rs. 4,51,500.

(3.) SANDHYA, wife of the deceased, in her evidence stated that on 20.1.2006 her husband was coming from Delhi to Gwalior. At the relevant time the vehicle was being driven by Ghanshyam Singh. When the vehicle reached near village Biloti under Police Station, Chata due to rash and negligent driving of the driver of the vehicle accident occurred and her husband died on the spot. He was earning total Rs. 6,000 per month. Another witness Hukum Singh stated that the deceased was working as driver and he was earning Rs.4,500 per month as salary and Rs.50 per day as allowance. Kamlesh Singh Rajput, witness No. 3, stated that he had been doing the business of property dealing. On 20.1.2006 he was coming in his Maruti 800 car to Gwalior. Truck bearing registration No. MP 07-G 5031, dashed the truck-trailer bearing registration No. HR 38-C 7584 from rear side. In the aforesaid accident deceased died. Nobody has been examined before the Claims Tribunal on behalf of the insurance company. Ghanshyam Singh had lodged F.I.R. at Police Station, Chata. In his evidence he stated that on 20.1.2006 he was coming from New Delhi to Gwalior after loading goods at village Biloti, a trailer bearing registration No. HR 38-C 7584 was going ahead of his vehicle when suddenly the driver of the trailer applied its brakes. Due to the sudden stoppage of the trailer I could not stop my vehicle and my vehicle dashed the trailer from rear side. In the aforesaid accident deceased died and trailer turned down. Panchnama of the spot was also prepared by the police. Copy of the panchnama has been filed as Exh. P1. In the aforesaid panchnama it has been mentioned that Eicher Canter vehicle bearing registration No. MP 07-G 5031, had been stationed on the north side of the road. Rear side of the vehicle was damaged and trailer bearing registration No. HR 38-C 7484 in which five HMT made tractors were loaded had fallen down and three tractors also fell down in a ditch.