SHASHI BAI Vs. OM KUMAR GOSWAMI

JUDGEMENT

(1.) WITH the consent of the learned Counsel for the parties, this appeal was finally heard.

(2.) BY this appeal, the appellants assail the award dated 29-8-2002, passed by the Additional Motor Accident Claims Tribunal, Dindori, in M. A. C. C. No. 16/2000, by which the Tribunal has dismissed the claim application filed by the appellants under Section 166 of the Motor Vehicles Act, on the question of jurisdiction of the Tribunal.

(3.) THE appellants who are the unfortunate parents of 9 year old child Priyanka, had claimed compensation of Rs. 1,25,000/- alleging that while they were asleep along with the said child in their Tea Stall on 21-2-2000, the vehicle bearing Registration No. UP-42/6892 driven by respondent No. 2 Bachchulal rashly and negligently, barged into their tenement, resulting in instantaneous death of their daughter. At the relevant time, the respondent No. 1 was the owner of the vehicle while the respondent No. 3 was its Insurance Company.