LALITA Vs. LAXMANSINGH

JUDGEMENT

(1.) Heard finally with consent at the stage of admission.

(2.) The Appellant herein has challenged the judgment and award, dated 08/10/2014 passed by the Motor Accident Claims Tribunal, Achalpur (hereinafter shall be referred to as the 'Tribunal' for short) in M.A.C.P. No.54/2007. By the impugned judgment, the Tribunal has dismissed the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter shall be referred to as the 'Act' for short) on the ground that the Claimant has failed to prove the issue of negligence.

(3.) The Appellant hereinafter shall be referred to as the 'Claimant'. The Claimant is the widow of one Rajkumar Sawalkar, who died in a motor vehicular accident on 09/03/2007, near the farm of Hiralal Kasdekar, on Kusumkot-Dharni Road. It is the case of the Claimant that the deceased was pillion rider on a motorcycle bearing Registration No.MP-04-AF-1537, which was driven by one Sanjay Marko. The Claimant had stated that one unknown vehicle dashed against the motorcycle resulting in death of the rider as well as the pillion rider of the motorcycle. The Claimant had stated that the accident was caused due to rash and negligent driving of the driver of an unknown vehicle. The Claimant had further stated that the deceased was 30 years of age. He was a labourer and was earning income/wages of Rs.4,500/- per month. The Claimant had stated that she was solely dependent on the income of the deceased. She had initially filed petition under Section 166 of the Act. Subsequently, she filed an application for amendment and prayed that the said petition filed under Section 166 of the Act should be treated as petition under Section 163-A of the Act. The said application was allowed and, accordingly, the petition under Section 166 of the Act was converted to petition under Section 163-A of the Act.