NEELMANI VISHWAKARMA Vs. MANHARAN KENWAT

JUDGEMENT

(1.) This appeal arises out of the award dtd. 19/1/2016 passed by Additional Motor Accident Claims Tribunal, Bilaspur (C.G.), in MACT No.328/2014 whereby the Tribunal has rejected the claim application preferred by the claimants.

(2.) The gist of claim before the Tribunal, in brief, was that on 25/1/2014, while deceased Radha Vishwakarma was riding bicycle, respondent no.1 driving the offending vehicle i.e. tractor bearing registration No. CG 10D 3304 rashly and negligently, hit her bicycle, as a result of which, Radha Vishwakarma suffered grievous injuries and died on the spot. Upon report being made in this regard, crime was registered against respondent no.1 in PS Masturi, District Bilaspur (CG).

(3.) The claim application was filed by the parents of the deceased i.e. respondents 4 & 5 Bholaram Lohar and his wife Smt. Shyam Bai before the Tribunal. In the said application, the husband of the deceased i.e. the appellant herein was arrayed as a respondent for the reason that after marriage the appellant subjected the deceased to cruelty and therefore she left the house of appellant and was residing along with her parents i.e. the respondents 4 & 5. However, the Tribunal while discussing it in para-15 of the award has found that the parents of the deceased have not been able to prove the fact that the deceased was residing along with her parents after leaving the company of her husband i.e. the appellant.