- (1.) The instant appeal is directed against the order dated 30.7.2010 passed by Motor Accident Claims Tribunal, Bandikui, in Claim Case No.144/2006, whereby the claim of the claimant-appellants was dismissed by the Tribunal.
(2.) The brief facts noticed are that on 15.2.2006 one Sharwanlal was going in the evening at about 8:15 P.M. to purchase ghee for the wedding of his son, to village Ralavta and at that time he was hit by a Tata Sumo vehicle bearing no.RJ 29C 1459, which was in high speed, in a rash and negligent manner being driven by Dhan Singh, from back side. Consequent thereto Shrawanlal received grievous injuries and during the course of treatment he expired. FIR was lodged and claim was filed. However, the Tribunal has not accepted the contention of the claimant-appellants, which is assailed herein.
(3.) Learned counsel for the appellants contended that the accident did happen and consequent thereto Shrawanlal expired. FIR was lodged and the offending vehicle was admittedly insured and the material, which has come on record, clearly indicates that Dhan Singh was driving the vehicle in a rash and negligent manner, who hit the deceased from the back side, and the Tribunal has disbelieved the version by improperly considering the evidence led. He contended that the order of Tribunal is perverse and needs consideration. In the alternative he contended that the Tribunal has directed to recover the amount of Rs.50,000/- which was paid on account of "no fault liability" and in the light of judgment of Hon'ble Apex Court rendered in the case of Indra Devi & Others v. Bagada Ram & Another, 2010 AIR(SC) 2913, at least the amount may not be required to be refunded, as the claimant-appellants are said to be poor illiterate villagers, being widow and minor children.;