Somibai vs Vijay Ram Tyagi - 2022 Supreme(MP) 1309

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1309

DEEPAK KUMAR AGARWAL
Somibai – Appellant
Versus
Vijay Ram Tyagi – Respondent

Advocates Appeared:
Shri B.D.Verma, Learned Counsel For Appellants., for the Appellant; Shri Arvind Kumar Agrawal, Learned Counsel For The Respondent [R-3]., Shri Ashish Bhadoriya, Learned Counsel For The Respondent No.1), for the Respondent

JUDGMENT

1. This order shall govern the disposal of Misc. Appeal Nos.1370/2011 and 104/2014.

2. Being aggrieved by the award passed on 15.07.2011 in Claim Case No.79/2010 by Fourth Additional Motor Accident Claims Tribunal Morena (M.P.), appellants have preferred these appeals.

3. In brief facts of the case are that on 09.05.2009 deceased Rajendra Singh, who had come to the house of his sister at Raptapura, to go back to his house was standing on the road side, at that time at about 4:00 pm infront of house of Dataram Kushwah on Morena-Ambah road, respondent No.2 came driving the Tata Sumo Vehicle bearing registration MP 06 BA0186 which was in the ownership of respondent No.2 rashly and negligently and dashed deceased Rajendra Singh. Due the said accident, Rajendra Singh died on the spot. In regard to the accident, report was lodged by Dataram at Police Station Dimni for the offence punishable under Section 304-A of IPC. Postmortem was conducted. After investigation, charge-sheet was filed. Rajendra was aged about 32 years and before the accident he used to earn Rs.74,000/- per annum from agriculture and selling milk. Claimant No.1 Somi Bai is his wife and claimants No. 2 to 5 are his