KALLU BAI Vs. PARMOD YADAV AND ORS.

JUDGEMENT

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

(2.) THE accident dated 14th January, 1999 resulted in the death of Ramesh. The deceased was survived by his mother who filed the claim petition before the learned Tribunal. The deceased was aged 20 years at the time of the accident and was working as a Mason earning Rs. 4,500/ - per month. The deceased was traveling in a bus bearing No. DL -1P -2178 at the time of the accident. The said bus was over taking a tractor and the bus got struck against the load of grass on the tractor as a result of which the deceased fell down from the bus and suffered fatal injuries.

(3.) FROM the award of the learned Tribunal, it is clear that the learned Tribunal has not conducted any inquiry as contemplated under Section 168 and Section 169 of the Motor Vehicles Act. The findings of the learned Tribunal were also contradictory. In para -18 of the award, the learned Tribunal held that the deceased was contributory negligent in keeping his half body out of the running bus but in para -20 of the award, the learned Tribunal held that there was no evidence to prove the accident. If there was no evidence to prove the accident, there was no occasion for contributory negligence of the deceased. If the learned Tribunal had any doubt about the relationship of the appellant with the deceased, the learned Tribunal ought to have conducted an inquiry to verify the said facts.