MEENA SAXENA Vs. SHAHID KHAN

JUDGEMENT

(1.) THE appellant has challenged the judgment of the Claims Tribunal whereby his claim petition has been dismissed.

(2.) THE accident dated 25th March, 2001 resulted in the death of R.B.L. Saxena. THE deceased was driving his two wheeler scooter bearing No.DL-4SD-3652 which met with an accident. THE police received an intimation on phone that car bearing No.DL-4CN-0636 has caused the accident whereupon the PCR came on the spot and took the deceased to the hospital. THE police registered FIR No.63/2001, PS Inderpuri under Sections 279/337/304A IPC against respondent No.1. THE deceased later died in the hospital leaving behind his widow, one son and one daughter who filed the claim petition before the Claims Tribunal.

(3.) THE record of the Claims Tribunal reveals that the Claims Tribunal has not conducted any inquiry into the matter as contemplated by the Motor Vehicles Act. In that view of the matter, the impugned judgment of the Claims Tribunal is liable to be set aside.