ATAM SINGH RANA Vs. VINOD KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Motor Accident Claims Tribunal, Udhampur (for short the Tribunal) in file No. 237 Claim of 1996 delivered on 29.3.2004.

(2.) ONE Atma Singh Rana lodged a claim petition before the Tribunal on 24.10.1996 stating therein that while traveling in a vehicle bearing registration No. JKQ 559 he met with an accident on 23.5.1996 at Jammu -Srinagar National Highway near Samroli, Tehsil Chenani District Udhampur due to which he received 15% injuries. Respondent No. 1 Vinod Kumar was driving the vehicle while as respondent -2 is the owner thereof; the vehicle was insured with the respondent -3 New India Insurance Co. Ltd. During the pendency of the claim petition said Atma Singh expired and his legal representative, the present appellant was brought on record. The claim petition was, however, dismissed by the Tribunal on two main grounds, firstly that the injured was not entitled to any compensation as he was a gratuitous passenger traveling in the offending truck; secondly that the injured has died during the pendency of the claim petition, the death has not been caused due to the injuries received by said Atma Singh and that there has been no loss to the estate left behind by the injured as such the claim petition has abated.

(3.) HEARD . I have considered the matter.