SATYALATA Vs. ANWARKHAN

JUDGEMENT

(1.) THIS is an appeal under Section 110 -D of the Motor Vehicles Act, 1939 against the award dated 26.3.79 passed by the learned Motor Accidents Claims Tribunal, Mandleshwar dismissing the claim of the Appellants.

(2.) FACTS essential for the decision of the appeal are as under:

(3.) AFTER recording evidence, the learned Claims Tribunal has dismissed the claim on the findings (i) that no accident as alleged by the claimants took place and (ii) that the deceased Ramsumaran Pandey did not sustain injuries on account of the accident. In case it is held that Ramsumaran Pandey sustained injuries in the accident caused by the rashness and negligence of the Respondent No. 1 the loss of dependency being Rs. 250/ - to the claimants, they can get an amount of Rs. 35,000/ - by way of compensation with interest thereon @ 6% per annum from 1.1.1978 and not from the date of the accident, i.e., 28 12.1977. Aggrieved by this award the claimants have preferred this appeal.