UNION OF INDIA Vs. NARENDRA SINGH

JUDGEMENT

(1.) Being aggrieved by the award dated 26/10/2005, passed by learned MACT, Badwani, in Claim Case No.70/05, whereby a claim petition filed by respondents is allowed and a sum of Rs.1,11,000/- has been awarded, as compensation along with interest @ 6% p.a., on account of death of their mother Pramila Bai, the present appeal has been filed.

(2.) Short facts of the case are that the respondents filed a claim petition before the learned Tribunal alleging that deceased Pramila Bai was mother of the respondents, who was aged 75 years and was going on a motor bike bearing registration No. MP 09, 7502 on 07/07/2003, with her son-in-law Mahendra Singh. It was alleged that the deceased Pramila Bai was the pillion rider. It was further alleged that deceased Pramila Bai was going to Mhowgaon, at that time a crane of the army dashed the mother bike from the backside, which was being owned by appellant No.1 and driven by appellant No.2. It was further alleged that because of the rash and negligent driving of the crane, which is known as recovery van the deceased Pramila Bai, fell down and sustained head injuries. Deceased Pramila Bai was brought to military hospital, but the hospital authorities refused to give the treatment to civilians, therefore, she was brought to Govt. Hospital Mhow. After giving first-aid she was brought to Gokuldas Hospital, Indore, at about 12:15 p.m., where she was admitted for her treatment. At about 03:00 p.m. because of the grievous injuries deceased Pramila Bai passed away. Postmortem took place in M.Y. Hospital, wherein it was found that cause of death was the accident. It was alleged that a sum of Rs.1,50,000/- be awarded to the respondents.

(3.) The claim petition was contested by the appellants by filing written statement, wherein it was alleged that on 07/07/2003 a demand for recovery vehicle of MCTE was received from Stn Workshop, for lifting the Gear Box of a tank of 83 Armd Demo Sqn, whose clutch plate had gone faulty at Hema Ranges location. Accordingly, a recovery vehicle was sent to work-shop, which was being driven by appellant No.2. It was further alleged that three Ors of station Workshop namely Padam Singh, PK Gogoi & Ramesh Chand were also sent with the recovery Vehicle. It was alleged that PK Gogoi and NK Ramesh Chand sat behind in the recovery vehicle and proceeded to the Hema Ranges. It was alleged that at about 11:10 a.m. when the recovery vehicle was between Golf View and CMP (Corps of Military Police), it overtook a civil motorcycle, which had an old lady as pillion rider, and three cyclists in combat uniforms (army), from the right side by blowing the horn. The motor cyclist and the cyclist gave pass to the recovery vehicle by going to the left side of the road. The recovery vehicle had travel about 60 mtrs, when the co-driver of the recovery vehicle asked the driver to stop the vehicle, as the persons sitting on the rear of the recovery vehicle told that the driver of motor cycle had lost balance, had fallen down on the side of the road. The recovery vehicle stopped and all the occupants of the vehicle went to the place where the motorcycle had fallen down. In the meantime, the three cyclist who were in front of the motor cycle had got down and found the old lady who was approx. 75 years of age was lying down on the side of the road and was bleeding due to a cut in her forehead. The driver of the motorcycle was not hurt nor any damage was caused to the motorcycle. The old lady was the mother-in-law of the motorcyclist. It was further alleged that as a good citizen the army personnel stopped a civil jeep and Hav Gogoi of Stn Workshop accompanied the injured old lady alongwith the motorcyclist Mahendra Singh to Military Hospital, Mhow for treatment. They refused the treatment of the old lady, as she was not a relative of army. Subsequently, the old lady was taken to Dr, Gopal Tiwari (Ortho Specialist) at main street, Mhow, who referred the injured lady to Gokuldas Hospital, Indore, while the recovery vehicle proceeded to Hema Range.