SHANTI DEVI Vs. ASHIK AHMAD KURAISI

JUDGEMENT

(1.) This appeal has been filed by the claimants against the impugned award dated 29-11-2003 passed by First Addl. Motor Accident Claims Tribunal Surajpur, District Surguja (C.G.) in M.A.C.C. No. 45/2002 dismissing the claim of the Appellants.

(2.) The brief facts in a nutshell are that the Appellants filed claim case on the ground that on 15-2-1999 when Sitaram (deceased) was going to his house, a Commander Jeep bearing Regn. No. M.H. 31 -G/39735 which was being driven rashly and negligently by its driver Ashik Ahmad, has dashed Sitaram near Hanuman Mandir at Bishrampur Main Road. As a result of which, Sitaram sustained serious injuries on head, chest, waist and other vital parts. The deceased was admitted in different hospitals where he had undergone prolonged treatment but could not get relief from the injuries. However, after his discharge during convalescence the deceased himself filed a claim case against the Respondents but unfortunately during the pendency of the claim, Sitaram died on 12-2-2001 due to the gravity of injuries. Thereafter the legal representatives of the deceased were substituted in order to claim compensation on account of death of Sitaram. The learned Tribunal dismissed the claim on the ground that the applicants have not produced their witnesses in ambiguous circumstances; therefore, the applicants are not entitled to get compensation from the non-applicants.

(3.) We have heard learned Counsel for the parties and have also perused the records.