ASHA DEWANGAN Vs. ANIL DEWANGAN

JUDGEMENT

(1.) This is the claimants' appeal against the award dtd. 29/11/2016 passed by the 9th Additional Motor Accident Claims Tribunal, Raipur (C.G.) in claim case No.48/2013 whereby the claimants' application was dismissed.

(2.) The facts of the claim application before the claims Tribunal was that on 22/2/2013, respondent No. 1 Anil Dewangan was driving his motorcycle bearing Registration No. CG-04-CX-9949 in which deceased Deepchand Dewangan travelling as a pillion rider, in a rash and negligent manner and was going towards Simga from village Kirwai, at that time, the tyre of the wheel of the said motorcycle burst due to which driver of the motorcycle lost his control over the motorcycle and they fall from the motorcycle on account of which deceased Deepchand Dewangan, pillion rider sustained grievous injuries and got unconscious and at that time an unknown vehicle ran over Deepchand, due to which Deepchand Dewangan died and respondent No. 1 Anil Dewangan also sustained grievous injuries in that accident. At the time of the accident the deceased was aged about 32 years, working in Godavari Steel and was earning Rs.14,000.00 per month. Due to the casual death of the deceased in the said accident, the claimants filed an application under Sec. 166 of the Motor Vehicle Act claiming a total compensation of Rs.33,47,000.00

(3.) In this case, on the basis of the pleadings of both the parties and the evidence presented, it has been concluded by the Tribunal that the appellants' party has failed to prove as per its pleading that at the time of the accident, the offending vehicle motorcycle, was being driven by respondent no. 1 Anil Dewangan. It has also failed to prove that the accident occurred due to the imbalance of the vehicle due to bursting of the tyre and hence, the claim application filed by the appellants under sec. 166 of the Motor Vehicles Act was rejected. Hence, the appeal.