- (1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act') has been filed by the claimants feeling aggrieved by dismissal of their application for compensation by the judgment and award dated 23.09.1999 passed by the Motor Accidents Claims Tribunal, Sojat camp Jaitaran, District Pali ('the Tribunal').
(2.) THE brief facts of the case are that appellants Naina Ram and Smt. Narayani, who are parents of Kum. Sumitra, filed an application for compensation before the Tribunal with the averments that on 29.09.1994 at about 9-10 AM on Pali main road near Bar in front of Pagariya Petrol Pump respondent No.1 Jagannath was driving Jeep No.RJ01-C-0086 rashly and negligently and struck Sumitra, which resulted in grievous injuries to her and said Sumitra died during the course of her treatment. It was further stated in the application that deceased Sumitra was aged about 11 years and by undertaking sewing and agricultural operations, she used to earn Rs.600.00 per month. Rs.2,000.00 were claimed towards treatment expenses and, under various heads, claim for compensation was made for Rs.3,62,300.00. The application for compensation was replied by respondent No.2. The Dy. Chief Engineer, Western Railways stated that the accident was not caused by the said vehicle. The First Information Report neither contain name of the driver nor the vehicle number. The respondents saw a injured girl in the middle of the road and asked the driver to stop the vehicle, who stopped the vehicle and took the said girl to hospital. The accident might have happened by some other vehicle and the alleged vehicle was not involved in the accident. Respondent No.1 Jagannath ­ driver adopted the reply filed by respondent No.2.
(3.) THE Claims Tribunal framed three issues and on behalf of the claimants AW-1 Naina Ram, AW-2 Geeta and AW-3 Bheekam Chand were examined. No evidence was produced by the respondents. The Claims Tribunal after hearing the parties, came to the conclusion that it was not proved that the accident occurred by Jeep No.RJ01-C-0086 and consequently dismissed the application for compensation.;