LAWS(CHH)-2011-7-55

SANTOSH KUMAR GUPTA Vs. RITUPAL YADAV

Decided On July 19, 2011
SANTOSH KUMAR GUPTA Appellant
V/S
RITUPAL YADAV Respondents

JUDGEMENT

(1.) THIS appeal has been filed by the Claimants against the impugned award dated 28.8.2008 passed by the II Additional Motor Accident Claims Tribunal (F.T.C), Surajpur, Distt. Sarguja (C.G) in Claim Case No.60/2006 dismissing the claim petition of the Appellants who were claiming damages for the loss of clothe bales in transit by a hired Vehicle which fell into a canal from the culvert.

(2.) THE facts of the case as per the version of the claimants are that on 13.09.2003 after loading their cloth bales (bundles of clothes) in Vehicle bearing Regn. No. C.G. 15/0987, respondent no.1 Ritupal driving the said vehicle to reach their destiny, but on the way while crossing the Sutiya canal, Surajpur, due to floods in the canal, the vehicle which was being driven in rash and negligent manner became unbalanced and fell into the canal, as a result of which two persons died and the clothe- bales had drifted away in the canal. THE claimants have filed claim petition u/s 166 of the Motor Vehicles Act for the award of compensation of Rs. 1,45,000/- on various heads.

(3.) IN view of the fact that the claim petition was not maintainable, it will be open for the claimants to approach appropriate forum under the law available to them for redressal of their grievance.