HASINA BEGUM Vs. LEKHRAM

JUDGEMENT

(1.) Appellants/claimants have preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') challenging the impugned award dtd. 31/3/2018 passed by the Motor Accident Claims Tribunal District Bemetara, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Motor Accident Claim Case No.5 of 2017 whereby learned Claims Tribunal rejected the application filed under Sec. 166 the M.V. Act, 1988 on the ground that Appellants/claimants have not proved that they are legal representatives of deceased (Fahim Khan).

(2.) Brief facts of the case are that on 22/11/2016, deceased Fahim Khan along with one Viru Dhimar after completing their work, was returning from Pikri to Bemetra on Motorcycle bearing Registration No. CG-25-1563. On the way, one Hiva vehicle bearing registration No. CG04/H.R./3954 came from the opposite side which was being driven by respondent No.1 in a very rash and negligent manner and dashed the deceased and his co-worker due to which deceased Fahim Khan died and Viru Dhimar sustained grievous injuries. After the death of Fahim Khan his grand-mother (appellant No.1) and sister(appellant No.2) filed the claim case before the Claims Tribunal.

(3.) Learned Claims Tribunal after appreciating the oral and documentary evidence finds that the accident occurred due to rash and negligent driving of respondent No.1 but dismissed the appellants' claim on the ground that the appellants did not prove that they are the valid legal representatives of the deceased. Hence, this petition filed by the appellants.