Bhawani Singh, C.J. - (1.)This appeal at the offending vehicle, is directed against the instance of the owner and driver of the award of the Motor Accidents Claims Tribunal, Mudwara (Katni), in M.A.C.T. Case No. 117 of 1991, dated 18.9.1996.
(2.)Briefly stated, on 11.6.91, Rajendra Kumar Sharma (deceased) was going with his daughters Sushma and Dipoo on the moped to his village Dhunwara. At about 5.15 p.m. when he was driving his moped on the left side at normal speed, at railway crossing, Kuchgawan, Imtiyaj Ahmad, the driver of truck No. MIJ 9037 came driving it rashly and negligently and hit the moped, as a result Sushma and Dipoo fell left side while Rajendra Kumar Sharma was stuck in the truck and dragged to a distance. Having been called by the people, truck driver stopped the vehicle, talked to the people and ran away with the truck. Rajendra Kumar Sharma suffered injuries to head, stomach, back, hand and feet, as a result of which he died on the spot while Sushma and Dipco also got many injuries.
(3.)Matter was reported at Police Station, Vijayraghogarh and Crime No. 59 of 1991 under section 304-A, Indian Penal Code was registered and driver arrested. Truck owner and driver are proceeded against besides the insurance company for causing accident and payment of compensation.