This Misc. Appeal under Section 173 of Motor Vehicles Act has

been filed against the award dated 20-6-2019 passed by 3^rd Member,

Motor Accident Claims Tribunal, Nagod, Distt. Satna in M.A.C.C.

No.47/2017.

3 M.A.No.6569/2019

The Claimants filed a claim petition under Section 166 of Motor

Vehicles Act pleading inter alia that on 26-6-2017, the deceased Jagpati

Tiwari was going on his motor cycle. As soon as he reached near

Karsara culvert, he received a mobile call. Therefore, after stopping the

motor cycle, he was talking to the caller and was standing by the side of

the road. At that time, the driver of the offending vehicle i.e., car

bearing registration No. MP 19 CA 7852, by driving the vehicle in a

rash and negligent manner dashed the deceased as a result he sustained

injuries on his head, face and other parts of the body. The deceased died

on the spot. FIR was lodged.

The Appellant filed its written statement and denied that any

accident took place. It was the stand of the Appellant that the deceased

while driving the motor cycle was talking on his mobile phone, as a

result