RAM CHARAN Vs. SURAT SINGH SAJWAN

JUDGEMENT

(1.) This appeal, preferred under Section 173 of Motor Vehicles Act, 1988, is directed against the judgment and award dated 11th December, 2007, passed by Motor Accident Claims Tribunal/Additional District Judge/ Fast Track Court-II, Dehradun, in Motor Accident Claim Case No. 219 of 2005, whereby said Tribunal has dismissed the claim petition on the ground that it had no jurisdiction to try the case.

(2.) Heard learned counsel for the parties.

(3.) Brief facts of the case are that on 9th July, 2005, Sunil Kumar (deceased) was travelling in vehicle bearing Registration No. U.P.-08-3031 from Kaudiyala to Rishikesh. When at about 11.00 a.m., the said vehicle (Bus) reached near Brahmpuri (District Tehri Garhwal), due to rash and negligent driving on the part of the Bus Driver it met with an accident in which the Driver as well as one of the passengers, namely, Sunil Kumar died. The claimants/ appellants filed the claim petition before the Motor Accident Claims Tribunal, Dehradun, claiming that they were the dependents of the deceased who used to earn Rs.5,000/- per month. The claimants claimed a total sum of Rs.9,35,000/- from the owner of the vehicle and the Insurance Company with whom the vehicle was insured.