SAMARUDASS Vs. SUB-DIVISIONAL OFFICER, WATER RESOURCES

JUDGEMENT

(1.) BEING aggrieved by the award dated 14.12.1992 passed in claim case No. 24 of 1992 by the Motor Accidents Claims Tribunal, Raigarh (hereinafter referred to as the Tribunal) whereby the application for compensation under Section 166 of the Motor Vehicles Act (henceforth, the Act) was dismissed on the ground that the Appellants/claimants had failed to establish that death of Nanbu Bai @ Ganeshi Bai, aged 7 years, resulted due to collision with the Truck No M.P.Z. 8721 (henceforth, the Truck).

(2.) BRIEF facts are that on 16.05.1991 Nanhu Bai @ Ganeshi Bai was riding a bicycle driven by Mayadas. The Respondent No. 2 Niyaz Ali drove the Truck in a rash and negligent manner and dashed the cycle by the rear side of the truck, resulting in death of Nanhu Bai @ Ganehsi Bai.

(3.) THE learned M.A.C.T. dismissed the application under Section 166 of the Act on the ground that the claimants had failed to prove death of Nanhu Bai @ Ganeshi Bai resulted due to collision with the Truck driven by Respondent No. 2 herein.