KAMLA BAI Vs. TEJ SINGH

JUDGEMENT

(1.) Invoking the appellate jurisdiction of this Court under Section 173 of the Motor Vehicle Act, 1988, appellant/claimant herein has challenged the award dated 16/01/2001, passed by the Motor Accident Claims Tribunal, Sakti, District Bilaspur (in short 'the claims Tribunal') in Motor Accident Claim Case No. 05/1992, by which the Claims Tribunal has rejected her claim petition filed under Section 166 of the Motor Vehicles Act, 1988.

(2.) Brief facts necessary for disposal of this appeal are as under:

(3.) Mr. Sachin Singh Rajput, learned counsel appearing as a friend of the Court submits that the appellant/claimant has filed a copy of the award passed in Motor Accident Claim Case No. 01/1992 (Chetan & another v. Tej Singh & others) decided on 16/01/2001 and Motor Accident Claim Case No. 02/1992 (Banarsi Sahu and others v. Tej Singh & others) decided on 16/01/2001, arising out of the same accident, in which, the appellant/claimant has also suffered injury. He further submits that the fact of accident has held to be proved in the said claim cases Chetan & another v. Tej Singh & others and Banarsi Sahu and others v. Tej Singh & others , and compensation has been awarded to appellant/claimant by the Claims Tribunal in those cases; whereas the appellant's/claimant's claim petition has been rejected, holding that accident has not been proved. He further submits that the finding recorded by the Claims Tribunal in this regard is perverse. He lastly submits that the Claims Tribunal ought to have heard all the claim cases together and ought to have decided all the claim cases by common award, in order to avoid conflicting award in connected claim cases.