MAHADEVI Vs. MAHADEV

JUDGEMENT

(1.) The appellants are before this Court, assailing the judgment dated 11.01.2016, passed in MVC No.2923/2012. The Tribunal by the said judgment, has dismissed the claim petition filed by the appellants herein.

(2.) The appellants herein are the wife and children of the deceased-Hanamant, who died in the accident said to have occurred on 11.08.2007. The deceased was riding the motorcycle bearing registration No.KA-49/E-278. The fact that the said motorcycle had dashed against the tractor and trailer bearing registration Nos. KA-48/T-155 and T-156 is the subject matter for consideration and insofar as negligence, due to which the accident has occurred is the issue, which requires analysis of the evidence to arrive at a conclusion.

(3.) In the instant case, the respondent-insurer had disputed the claim as put-forth in the claim petition before the Tribunal. The Tribunal in that view had framed three points for its consideration. The first point in that regard was, the burden cast on the petitioners to prove that on 11.08.2007, the accident had occurred and death took place due to wrongful driving by the driver of the tractor and trailer. The Tribunal has held the said issue in the negative since the claimants had not proved the accident. The other issues were held against the claimants and the claim petition was dismissed.