MANSINGH Vs. BANNE

JUDGEMENT

(1.) Through this appeal, the award of the Motor Accidents Claims Tribunal, Raisen, dated 30.6.97 in Claim Case No. 21 of 1997, is challenged.

(2.) The claimants are father and brother of deceased Awadh Narayan (22), who died in the motor accident on 21.7.1985, when jeep No. MPD 8524 hit Madhya Pradesh State Road Transport Corporation (M.P.S.R.T.C.) bus No. MPH 891. Allegation is that the jeep was being driven rashly and negligently otherwise the accident would not have taken place. The deceased left behind father, 2 brothers and Sharda- bai (widow). It is stated that the deceased was grain merchant earning Rs. 1,000 per month.

(3.) The respondents state that the accident was not caused by M.P.S.R.T.C. bus, it was caused by the driver of the jeep. Accordingly, it is submitted that the claim be dismissed.