NARMADABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 13-9-1985 passed by the Member, Motor Accident Claims Tribunal, Buldana in M.C. Claim Petition No. 4/1983 whereby the claim for compensation filed by the petitioner came to be dismissed.

(2.) THE claim petition came to be filed by Narmadabai for compensation on account of death of her husband Sukhdeo Khandare in motor accident which took place on 11-9-1982 at about 5.30 p.m. on Chikhli-Buldana Road, near Kelwad. It was alleged that a white colour jeep bearing registration No. MHR-4941 belonging to the State of Maharashtra and driven by respondent No. 3 Ramkumar Pande, hit the deceased Sukhdeo. After the vehicle was driven negligently, it fled from the place and the deceased Sukhdeo, who had sustained severe bleeding injury, died on the spot.

(3.) WHILE resisting the claim, the opponent Nos. 2 and 3 in their written statement stated that none of them were driving the vehicle and that they were not in any way concerned with the accident. They also pleaded that they were unnecessarily impleaded as party-respondents. Opponent No. 3 Ramkumar, however, in his written statement admitted that he was prosecuted by police for rash and negligent driving of the vehicle, but according, to him without any reason whatsoever.