Decided on June 16,2005

Smt. Pushpabai And Others Appellant
Padumnath Mali And Others Respondents


A.K.Patnaik, J. - (1.) This is an appeal under Section 173 of the Motor Vehicles Act 1988 against the award dated 1-2-1996 in Claim Case No. 15 of 1988 by the Third Additional Motor Accident Claims Tribunal, Bastar (Jagdalpur).
(2.) The facts briefly are that Bhajanlal, husband of appellant No. 1 and father of appellants 2 to 7 was going on a motorcycle bearing Registration No. MPT-3700 on 3-5-87 at about 9.00 p.m. on the road from Jagdalpur to Seonaguda and met with an accident with a scooter driven by one Padumnath Mali-respondent No.1. Bhajanlal died as a result of the said accident. Respondent No. 1-Padumnath Mali sustained injuries and was hospitalised, but survived. The appellants filed the aforesaid claim case No. 15/1988 before the Third Additional Motor Accident Claims Tribunal, Bastar (Jagdalpur) claiming compensation of Rs. 3,00,000/- (Rupees Three Lakhs Only), but the Tribunal held that deceased-Bhajanlal himself was responsible for the accident inasmuch as he was negligent in driving the motorcycle and dismissed the claim of the appellants by the impugned award dated 1-2-1996.
(3.) Mrs. Anju Ahuja, learned counsel appearing for the appellants submitted that Dhanuram was examined as Witness No. 2 on behalf of the appellants and he has stated before the Tribunal that when he was sitting in the provision store near the accident spot, Bhajanlal came from Jagdalpur driving slowly in his motorcycle and Padumnath Mali (respondent No. 1) came from the opposite side in the scooter driving rashly and as a result the motorcycle and the scooter dashed and Bhajanlal fell down at the spot of the accident. Learned counsel submitted that this witness should have been believed by the Tribunal and the finding should have been recorded that the accident was caused due to rash and negligent driving by Padumnath Mali (respondent No.1).;

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