SHASHI Vs. OM PRAKASH JAISWAL

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the records. According to appellants, deceased Jugnu was going from Unnao to Auras and so he loaded his bicycle on bus No. UP-35A-8365. While he was loading his bicycle on the top of the bus, the bus driver, all of a sudden, started the bus. As a consequence whereof, the deceased fell on the ground due to sudden movement of the bus. He got head injuries and was brought to the hospital, where he succumbed to the injuries. According to them, as the accident took place due to rash and negligent driving of the bus driver and, hence, it comes under the purview of Motor Vehicles Act, therefore, a claim petition was filed before the Tribunal.

(2.) The Tribunal, by the impugned order dated 20th January, 2004, rejected the claim petition as it found that the claimants have failed to establish that the accident took place by the alleged vehicle and, as such, they are not entitled for any compensation from the bus owner. Being dissatisfied by the said order, the claimants have filed the instant appeal.

(3.) During the course of arguments, learned Counsel for the appellants submitted that an affidavit was filed before the Motor Accident Claims Tribunal by the driver, where it has been averred by him that the accident had taken place from the bus, which he was d riving but the said document was not dealt with by the Motor Accident Claims Tribunal.