DHAPU BAI Vs. ANTAR SINGH

JUDGEMENT

(1.) THIS is an appeal filed by the claimants under Section 173 of the Motor Vehicles Act against an award, dated 6. 7. 2001, passed by the learned Additional Member, Motor Accident Claims Tribunal, Manawar, District Dhar in Claim Case No. 37 of 1999. By impunged award, the learned Member of Claims Tribunal has dismissed the claim petition filed by the claimants. Facts in brief that led to filing of claim petition out of which this appeal arises need to be mentioned in brief infra.

(2.) ON 15. 6. 1998, Narsingh, aged about 40 years, was returning to his house. It is at that time, the truck bearing No. MP 09-KA 4212 which was owned by the respondent No. 1 and driven by the respondent No. 2 came from rear and dashed to Narsingh. The impact of the vehicle was so violent that Narsingh succumbed to injuries on the spot. It is this event, i. e. , death of Narsingh, which gave rise to filing of the claim petition out of which this appeal arises claiming compensation in accordance with the provisions of the Motor Vehicles Act. It was, inter alia, averred that the accident in question had occurred solely due to rash and negligent driving of the driver of the offending vehicle. It was further averred that the vehicle in question at the relevant time (i. e. , the date of accident) was insured with the respondent No. 3/non-applicant No. 3 and was owned by respondent No. 1 and hence, all the three are severally and jointly liable to pay compensation to the claimants for the loss that they sustained due to untimely death of their bread-earner (Narsingh ). So far as owner and the driver of offending vehicle were concerned, i. e. , non-applicant No. 1 and non-applicant No. 2, they remained ex pane since inception. They did not even file written statement. The claim was only contested by insurance company (N. A. No. 3) on limited defence available to them under the Act.

(3.) CLAIMANTS in support of their claim filed documents and also led oral evidence for proving the factum of accident and its nature. There was no evidence in rebuttal led by the non-applicants. However, by impugned award, the learned Member of Tribunal dismissed the claim petition filed by the claimants holding, inter alia, that claimants have failed to prove the accident. It is against this award, the claimants have come up in appeal.