SHASHI AND ORS. Vs. MOHAN VARSHNEY AND ORS.

JUDGEMENT

(1.) THE appellants have challenged the order of the Claims Tribunal whereby their claim petition has been dismissed as not maintainable. On 28th June, 2005 at about 1:35 pm, the deceased was travelling as a pillion rider on motorcycle bearing No. UP -81 -Q6549 and his brother was driving the said motorcycle. When the said motorcycle reached in front of Sai Vihar Colony, Aligarh, U.P., three persons riding on a motorcycle with an intention to snatch the motorcycle and bag of cash came from behind and shot gun injuries resulting in death of the deceased. The deceased was survived by his wife, three sons and parents who filed the claim petition before the Claims Tribunal.

(2.) THE Claims Tribunal dismissed the claim petition as not maintainable without conducting any inquiry. In Mayur Arora v. Amit, (2011) 1 TAC 878, this Court has held that the Claims Tribunal has to conduct an inquiry to find out the truth. The findings of this Court are reproduced hereunder: -

(3.) FOR the reasons as aforesaid, the impugned order is set aside and the case is remanded back to the Claims Tribunal for fresh inquiry. The Claims Tribunal shall also consider law laid down by the Supreme Court, this Court and other High Courts in Shivaji Dayanu Patil v. Vatschala Uttam More, : 1991 ACJ 777, Rita Devi v. New India Assurance Co. Ltd., : 2000 ACJ 801 (SC), Samir Chanda v. Managing Director, Assam State Trans, Corporation, : 1998 ACJ 1351 (SC), Kaushnuma Begum v. New India Assurance Co. Ltd., : 2001 ACJ 428, National Insurance Co. Ltd. v. Shiv Dutt Sharma, : 2004 ACJ 2049 (J&K), DTC v. Meena Kumari, III, (2010) ACC 72 and United India Insurance Co. Ltd. v. Mosina, MAC.APP.No.73/2006 decided on 25th November, 2011 to determine whether the death occurred due to the accident arising out of the use of a motor vehicle.