VIRENDRA KUMAR MATHUR,J. - (1.) This Civil Misc. Appeal under section 173 of the Motor Vehicles Act has been filed against judgment dated 23.03.2002 passed by the Motor Accident Claims Tribunal, Nagaur in MACT Case No. 38/1996 Shanti Devi and others v. Shanker Lal and others , whereby the learned Judge has dismissed claim petition of the appellants.
(2.) Brief facts of the case are that on the fateful day of 24.06.1996, deceased Ramswaroop (husband of appellant No. 1) was travelling from Ladnun to Nagaur in a bus No. RJV 1859. It was rainy season and as such, respondent No. 1 Shanker Lal (driver of the bus) allowed the passengers to go on roof of the bus. Deceased Ramswaroop climbed on roof of the bus. When the bus reached about 1 kms ahead of village Nimbi towards Nagaur at about 9:30AM, Ramswaroop fell down from the roof of the bus and sustained severe head injury. He was immediately taken to Government hospital, Ladnun for treatment. Thereafter, on 25.06.1996, Karni Singh, husband of respondent No. 2 (owner of the bus) lodged a report at Police Station, Ladnun giving complete detail of the accident and accordingly, an FIR No. 143/1996 was registered against the respondent No. 1 Shanker Lal for offence under sections 279, 304 IPC. After investigation, Police filed challan against the driver Shanker Lal.
(3.) The appellants filed a claim petition before the Motor Accident Claims Tribunal, Nagaur. The respondents contested the claim and took stand that a dead body was found near the road when the bus reached near village Nimbi and emphatically denied any accident by the bus driven by Shanker Lal himself. The appellants examined two witnesses in support of their claim and produced 9 documents. On completion of the evidence, learned Judge, MACT Nagaur passed judgment dated 23.03.2002, whereby claim petition of the appellants was dismissed. Being aggrieved by the judgment dated 23.03.2002, the appellants have preferred this appeal on various grounds.;