T S SAVITHRAMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is filed assailing the order dated 5th July 2013 passed in M.V.C.No.1587/2009 by the Additional M.A.C.T., Chitradurga (hereinafter referred to as 'the Tribunal'), in rejecting the claim petition filed under Section 166 of the Motor Vehicles Act, by dependent family members of one Jayappa, on his death in a vehicular accident dated 12.6.2003 at about 12.20 p.m. at unmanned Railway crossing at K.M.19:10 -9 in between Chitradurga - Amruthapur Railway line.

(2.) THE case of the claimants was that, the car in which the deceased was travelling, while crossing the unmanned railway crossing, was hit by Guntakal -Chikkajajur train No.252.

(3.) THOUGH the respondents were represented, they did not file objection statement. After recording the evidence on behalf of the claimants and after hearing both the parties, the Tribunal dismissed the claim petition on the ground that, the provisions of the Motor Vehicles Act, 1988, are not attracted, since the negligence is attributed against the train only.