BALMATI` Vs. GOVIND MOURYA

JUDGEMENT

(1.) The instant appeal is directed against the dismissal of the Appellant's claim petition vide award dated 03.10.2013 by the Motor Accident Claims Tribunal, Place Baster at Jagdalpur (C.G.) in Claim Case No. 54 of 2012.

(2.) Facts of the case, in brief, are that as per claimant, on 24.12.2011, deceased- Fulldhar was going with his friends to take manure by Tractor bearing registration No. CG-17/G/2413, when they reached at Dharampura road, Respondent No.1, driver of the offending Tractor, driving the said vehicle in a rash and negligent manner, turned turtle the said Tractor and as a result thereof, Fulldhar sustained grievous injuries on his head, face and hands. Later on Fulldhar died.

(3.) Learned counsel for the Claimant submits that the Tribunal has erred in holding that the accident did not occur due to rash and negligent driving of the offending vehicle by its driver and not allowing any amount for loss of Claimant's son. He further submits that the Claimant has proved Ex.-A/8 - charge-sheet under Section 304A of IPC against the driver of the offending vehicle and other documents i.e. Ex.-A/1 dehati-nalish, Ex.-A/2 FIR, Ex.-A/3 seizure memo and Ex.-A/4 spot map which show that the deceased died due to rash and negligent driving of the Tractor by its driver. But the Tribunal only on the ground that trial against the driver is yet to be concluded and that no any witness of the accident has been examined by the Claimant, did not consider the aforesaid documents and dismissed the claim petition of the Claimant. Therefore, it is prayed that the award impugned may be set aside and the matter may be remitted back to the Tribunal for decision afresh.