SK ALLAH BAKHAS Vs. DHIRENDRANATH PANDA

JUDGEMENT

(1.) These three appeals arise out of the decisions of the Motor Accident Claims Tribunal dismissing the applications of the claimants for compensation claimed for injuries sustained by them and for the death of a eight months old baby.

(2.) On 22-7-1977, Abdul Jahangir Khan, Hapara Khanam and Sk. Allah Bakhas with the deceased daughter were travelling in an autorickshaw bearing registration number O. S. C. 1558 from Nirgundi to Paramahansa. There was an unmanned railway level crossing at Matagajapur. Around 6.45 p. m. while the autorickshaw was . negotiating to cross the leval crossing, a train coming on the track dashed against its front portion, dragged it to some distance and threw the passengers to the ground. Abdul Jahangir suffered fracture of his right clavicle and some lacerated wounds all over his body. He was aged about. 14 years and a student of Class X at the time of accident. Hazara sustained certain injuries on her head. Allah Bakash and Hazara lost their daughter aged eight months. Abdul claimed Rupees 8,000.00, Hazara claimed Rupees 2,000.00 for the pain, suffering and the injuries and Allah claimed Rupees 12,000.00 for the loss of the daughter alleging negligence of the driver,

(3.) The owner of the vehicle did not contest. The insurer pleaded inevitable accident and refuted that the driver was negligent. The claimants examined themselves as P. Ws. 1, 2 and, 3. . They were the only eye-witnesses examined. The respondents did not lead any evidence. The tribunal, however, rejected the claims holding that negligence of the driver had not been established,