DEVI SINGH & ORS Vs. SAJIDKHAN & ORS

JUDGEMENT

(1.) Being aggrieved by the award dated 26.10.2004, passed by MACT, Aagar, District Shajapur, in Claim Case No. 31/2003, whereby claim petition filed by the appellants was dismissed, the present appeal has been filed.

(2.) Short facts of the case are that the appellants, who are legal representatives of deceased Dinesh aged 23 years filed a claim petition before the learned Tribunal alleging that the deceased Dinesh was going on his motorbike on 31.7.2003, at that time respondent No. 1, who was driving the truck bearing registration No. HR 38C 9197 rashly and negligently dashed the deceased with the result deceased Dinesh sustained injuries and died on spot. It was alleged that the offending truck was owned by respondent No. 2 and was insured with respondent No. 3 at the relevant time.

(3.) The claim petition was contested by the respondent No. 3. After framing of the issues and recording of the evidence, learned Tribunal held that in case the claim petition would have allowed the appellants would have been entitled for a sum of Rs. 3,26,200. It was found that since there is discrepancy in the pleadings proof, therefore, the claim petition is dismissed.