MANKUNWAR VERMA Vs. SURENDRA KUMAR CHHABDA

JUDGEMENT

(1.) This appeal is at the instance of the claimants, who are wife and son of the deceased.

(2.) Grievance is against rejection of the claim by the 2 nd Additional Motor Accident Claims Tribunal, Balodabazar (for short 'the Claims Tribunal') holding that the accident was not proved, to have the compensation awarded as sought for.

(3.) The sequence of events shows that on 18.5.2011 the deceased was proceeding on a TVS moped and when the moped reached the place of occurrence, it collided against a road-roller (allegedly without any registration number), which was stated lying/ proceeding along the same side of the road through which the deceased was also proceeding. The rider of the moped sustained serious injuries in the said accident resulting in his death, in turn, leading to filing of a claim application by the claimants before the Claims Tribunal seeking a total compensation of Rs.11,20,000/- under various heads. Claim was sought to be resisted from the part of respondents No.1 and 2 and also by respondent No.3- Insurer by filing separate written statement.