GHEESI BAI Vs. MANOHAR LAL
LAWS(MPH)-2004-6-27
HIGH COURT OF MADHYA PRADESH
Decided on June 21,2004

Gheesi Bai Appellant
VERSUS
MANOHAR LAL Respondents

JUDGEMENT

- (1.)CLAIMANTS have come up in appeal under Section 173 of the Motor Vehicles Act against an award, dated 23.4.1999, passed in Claim Case No. 38 of 1996, by learned Member, Motor Accident Claims Tribunal, Rajgarh, whereby their claim petition has been dismissed. Facts in brief are these.
(2.)ON 26.8.1997 Balu aged 40 years, while travelling in MP-04-L-0789 (Tractor/Trolley) died. It so happened that he fell down from the Trolley while it was moving and one of its bigger wheel crushed him. It is alleged that Trolley was carrying bricks and Balu was travelling along with the goods as labourer. The Trolley was owned by non-applicant No. 2 and driven by non-applicant No. 1 at the relevant time. It was insured with the non-applicant No. 3.
The claim was contested only by Insurance Company inter alia alleging that driver had no licence, that the Trolley was being used for different purpose than the one disclosed, that accident did not occur due to rash and negligent driving of the driver, that all the legal representatives of deceased are not made parties. The claims Tribunal dismissed the application giving rise to filing of this appeal by the claimant.

(3.)NONE for the appellants. Heard Mr. Anil Goyal, learned Counsel for the respondent No. 3. None for the other respondents.


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