VIJAY SINGH Vs. SUGAR SINGH

JUDGEMENT

(1.) ARGUMENTS heard. This revision petition has been filed under Section 115 of C.P.C. against the order dated 7.2.2012 passed by the learned First Motor Accidents Claims Tribunal, Gwalior, in Claim Case No. 30/2011, whereby the application filed by the non -applicant under Order 7 Rule 11 of C.P.C. has been dismissed.

(2.) MOTOR accident claim has been filed by the applicant for the death of his daughter which was result of dash of tracker driven by respondent/driver with an electric pole resulting in broking of live electric wire on the victim, who died due to high electric voltage. The petitioner has filed an application under Order 7 Rule 11 of C.P.C. for dismissal of suit on the ground that the death of victim occurred due to electric current, therefore, claim under Motor Vehicles Act is not maintainable.