- (1.) THIS appeal is directed against the judgment and award dated 22.11.2000 passed by the Motor Accident Claims Tribunal, Barmer ('the Tribunal'), whereby the Tribunal has dismissed the application for compensation ('the application') filed by the claimants.
(2.) BRIEF facts of the case may be noticed thus : it was claimed in the application that one Hukma Ram was going on the road for fatching milk when the bus bearing registration No.RJ - 10P -1415, which was being driven by Usman Khan rashly and negligently collided with said Hukma Ram, which resulted into his death. The claimants claimed compensation to the tune of Rs. 13,90,000/ - for the death of said Hukma Ram. No reply to the application was filed by the driver and owner of the bus. However, the Insurance Company filed its reply and contested the averments made in the application.
(3.) THE Tribunal framed four issues and while considering the issue relating to involvement of the vehicle and negligence of the driver, it came to the conclusion that the claimants have failed to prove the involvement of the vehicle and consequently, without deciding the issue relating to negligence and quantum of compensation dismissed the application by its impugned judgment.;