Sandeep Mehta,J. - (1.) Heard. Perused the material available on record.
(2.) The instant appeal has been preferred by the appellant claimant Velji being aggrieved of the judgment dated 15.01.2003 passed by the learned Motor Accident Claims Tribunal, Pratapgarh in Claim Case No. 18/1996 whereby, the claim application filed by the claimant under Section 166 of the Motor Vehicles Act for claiming damages pursuant to the death of his wife Smt. Indra in a road accident, was rejected.
(3.) Brief facts relevant and essential for disposal of the appeal are noted herein below: The claimant's wife Smt. Indra was travelling in Bus No. RJ- 19-P-1439 affiliated with the Rajasthan Road Transport Corporation, Jodhpur and insured with the United India Insurance Company Ltd. When the bus reached just ahead of the Police Chowki Dholapali opposite the hotel of Mangilal Nagarachi, Smt. Indra, who was sitting on the seat No. 35, felt nauseated. She took out her head of the window to vomit. A truck No. RJ-14-G-0081 insured with the Oriental Insurance Company Limited was parked on the road. The bus driver, drove the bus without maintaining proper distance from the stationary truck as a result of which, the head of Indra, aged 18 years, collided with an iron angle protruding from the truck and she died on the spot. The claimant filed the claim application seeking damages to the tune of Rs. 5,81,000/- before the Tribunal. The Tribunal held that the deceased herself, took out her head from the moving vehicle and thus, she herself fully contributed to the accident and thus, her husband herein was not entitled to any compensation whatsoever. ;