URMILA BAI Vs. PRAHLAD YADAVLABIC

JUDGEMENT

(1.) Being aggrieved and dissatisfied with award dated 25.10.2016 passed by First Additional Motor Accident Claims Tribunal, Korba in Claim case No. 182/2013, passed on 25.10.2016, unfortunate parents, wife and children of deceased, appellants/claimants herein have filed claim application before the Claims Tribunal under Section 166 of the Motor Vehicle Act for compensation to the tune of Rs. 15,16,000/- alongwith interest.

(2.) Learned Tribunal, by its impugned award dated 25.10.2016, dismissed the claim petition filed by the claimants solely on the ground that no prompt FIR was lodged by the claimants regarding the accident; and the conduct of witnesses is doubtful therefore, claim was rejected and issue No. 1 is decided in this manner that the accident occurred due to involvement of offending vehicle Auto bearing registration No. CG/12/S/0614 is not duly proved. The above finding has been recorded by the Tribunal merely on the basis of case diary of the police and the record of the concern criminal case.

(3.) Learned counsel for the appellants/claimants would submit that in the issue No. 2 to 7, no finding has been given by the learned Tribunal and only on the basis of issue No. 1, entire claim of appellants/claimants was dismissed. He submits that the learned Claims Tribunal is committed illegality in holding that the vehicle in question is not involved in the accident. The evidence of Bablu Khan (AW-4) recorded under Section 161 of the Cr.P.C. is completely supported the case of the prosecution during the investigation. Therefore, learned Tribunal without giving finding on the other issues only on the basis of the criminal case and case diary, entire claim application has dismissed and not considered the evidence and statement of AW-4 while dismissing the appeal and, therefore, the case is remitted to the Tribunal for reconsideration of the issues.