ASHA BAI Vs. PANKAJ KUMAR SINGH

JUDGEMENT

(1.) Dismissal of the claim petition by learned First Motor Accident Claims Tribunal, Bilaspur, C.G., holding that the claim petition does not come within the purview of Section 163A of the Motor Vehicles Act, 1988 is subjected to challenge in this appeal.

(2.) Heard the learned counsel appearing for the appellants.

(3.) The deceased, who was the son of the appellants, aged about 22 years, on the ill-fated day i.e. 01-05-2011, was driving the vehicle bearing Registration No. CG 04 J 5098 (hereinafter referred to as "offending vehicle") which was owned by the 1st Respondent and insured by the 2nd Respondent. While so, allegedly due to mechanical failure of the offending vehicle, the deceased lost control over the vehicle and it hit against a tree on road side causing serious injuries, ultimately leading to the death of the deceased. This led to the claim petition filed by the parents of the deceased before the Tribunal under Section 163A of the Motor Vehicles Act, 1988 as aforesaid.