RAJNI JOSHI Vs. UNITED INDIA INSURANCE

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988, has been preferred by the appellant against the order dtd. 28/6/2016 passed by 4th Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No.152/2015 whereby the claim application preferred by the appellant has been rejected.

(2.) The gist of claim before the Tribunal, in brief, was that on 25/5/2013, deceased Manoj Joshi was participating in the Congress Parivartan Yatra Rally and was driving his own vehicle i.e. Bolero bearing registration No. CG 17 D 1135. At about 04.30 p.m., when the Parivartan Yatra Rally was passing through Jheeram Ghati in Darbha of Bastar District, the Naxals exploded bomb planted underground there, due to which Manoj Joshi along with many other persons participating in the Rally died on the spot. The accident was reported in Darbha Police Station on which FIR No.25/13 was registered under several Sec. of IPC along with Arms Act and Explosive Substances Act.

(3.) The claimant who is the wife of deceased Manoj Joshi filed a claim application under Sec. 166 of the MV Act, 1988 before the Tribunal claiming total compensation of Rs.70,00,000.00. Learned Tribunal, on a close scrutiny of the evidence brought on record, vide impugned order dtd. 28/6/2016, dismissed her claim, on the ground that the deceased was the owner and driver of the vehicle in question and he had not paid any premium for personal accident, against which, the present appeal has been filed by the wife of the deceased.