- (1.) The claim petition filed by the appellants was dismissed by the Motor Accident Claims Tribunal (Tribunal for short), Sirsa, on the ground that it was not maintainable. The accident had occurred on 19.12.1992 as a cow (Neel Gaye) had suddenly come on the road from the fields and hit the maruti car being driven by deceased Baljinder Singh. Compensation was claimed from the Government on the ground that it was the duty of the State to keep dangerous animals off the road and to keep the road clear. The Tribunal held that no other vehicle was involved in the accident and the accident could not be said to have occurred on account of any fault of the Government. The plea of the respondents was that Neel Gaye was a protected wild animal and the killing or keeping such animal in captivity was banned by law. There was no proper or fixed place for confinement of such animals.
(2.) Learned counsel for the appellants argued that the Government was duty bound to ensure that animals did not roam on the roads and it should keep the animals by making adequate arrangements so that accidents are not caused. This argument is too far-fetched because if the animal had not been a Neel Gaye and was some private animal of an agriculturist or otherwise, which came on the road from the fields, then who would be responsible, cannot be said. It was just a matter of chance that the protected animal came on the road and hit the car for which no one had been liable.
(3.) Learned counsel for the appellants could not show that under what provision of the Motor Vehicles Act, compensation could be awarded. The petition was filed under Section 166 of the said Act and confining to that provision, no case was made out by the appellants.;