CHANDRA KANTA AGARWAL Vs. MOHAR SINGH

JUDGEMENT

(1.) By filing instant misc. appeal under Section 173 of the Motor Vehicles Act, the appellants have challenged the impugned award dated 3.6.1998 passed by Judge, Motor Accident Claims Tribunal, Jaipur City, Jaipur (for short 'the Claims Tribunal') in civil suit No. 495/1992 whereby an award of Rs. 3,49,500 has been passed along with interest @ 12% p.a. from the date of filing of the claim petition with certain other directions.

(2.) In brief, facts of the case are that late Shri Laxminarayan Agarwal was working as Accountant in the respondent No. 2 Corporation. At about 2.30 p.m. he went for urinal outside the workshop, bus No. RJ-14P-0209 being driven rashly and negligently by respondent No. 1 struck to late Laxminarayan and crushed him to back wheels, due to which he sustained injuries and died in the hospital.

(3.) The respondents filed replies and stated that because of mistake of deceased the accident took place.