GEETHA AND ANR. Vs. BALBIR SINGH AND ORS.

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby their claim petition was dismissed by the learned Tribunal.

(2.) THE accident dated 19th June, 1989 resulted in the death of Parashwanath. The deceased was survived by his widow and mother who filed the claim petition before the learned Tribunal.

(3.) SECTION 168 of the Motor Vehicles Act provides that the learned Tribunal shall conduct an inquiry into the claim petition. Section 169 of the Motor Vehicles Act provides that the learned Tribunal shall follow such summary procedure as it deem fit to conduct such an inquiry. The inquiry stipulated in Section 168 of the Motor Vehicles Act is different from the civil trial. Section 168 of the Motor Vehicles Act casts a duty on the learned Tribunal to conduct an inquiry in a meaningful manner. The object of the legislature behind making this provision is that the victims of road accident are not left at their own mercy. However, no such inquiry has been conducted in this matter.