YAMUNABAI Vs. HARIRAM ALIAS DOMAJI REWATKAR

JUDGEMENT

(1.) Being aggrieved by the judgment and award dated 16.8.2002 passed by the Member, Motor Accident Claims Tribunal in Claim Petition No. 622/1994. rejecting the claim petition, the present appeal was filed by the original claimants.

(2.) In support of the appeal, learned Counsel for the appellants argued that the Tribunal committed an error in denying the relief to the claimants only on the ground that victim - Kashiram must have died not because of accident but because of negligence in the treatment on the part of medical officers in treating him as he died because of hepatitic failure. According to learned Counsel for the appellants this was neither the case of any of the parties to the claim petition nor any evidence was adduced to that effect before the Tribunal and that is nothing but pure imagination on the part of the Tribunal. He then invited my attention to the finding recorded by the Tribunal that the driver of the jeep was rash and negligent in driving the jeep and knocking the deceased - Kashiram from behind and during the course of treatment he expired within period of five days. He, therefore, argued that the rejection of claim by the Tribunal is wholly wrong and illegal and therefore, the claim made by the claimants in their claim petition on four grounds totaling Rs.4,00,000/- will have to be granted with interest thereon @ 18% per annum.

(3.) Per contra, learned Counsel for the respondents vehemently opposed the appeal and prayed for dismissal of the same.