NISHA PATEL Vs. SYED MUSTAQ

JUDGEMENT

(1.) WITH the consent of learned counsel for the parties the matter is heard finally.

(2.) CHALLENGE put-forth in the present appeal filed under Section 173 of the Motor Vehicles Act, 1988 is to an award dated 24.12.2005 passed by XI Additional Motor Accident Claims Tribunal, Jabalpur in M.V.C No. 48/2005 whereby the claim petition preferred by the appellants claimants under Section 176 has been dismissed.

(3.) THE respondents on their turn have opposed the relief sought for by the appellant. Learned counsel appearing for respondent No. 1 supports the finding arrived at by the Tribunal that there being contradiction in the evidence led by the appellant and the story narrated in the FIR, the Claims Tribunal was justified in rejecting the claim petition on the ground that the claimant had failed to prove that the death of Ramesh Patel was caused in an accident during course of use of motor vehicle, i.e., Maruti Car bearing registration No. MP 20 F/2002. To bring home his submission, the learned counsel has placed reliance on the FIR (Ex.P-1) and reply filed on behalf of respondent No. 1, the owner in the trial court.