RAJNI Vs. SHANKAR BAKSH SINGH VAISHY

JUDGEMENT

(1.) Present appeal is filed assailing the order dtd. 31/1/2011 in Claim Case No.44/2010 passed by Second Additional Motor Accident Claims Tribunal to the Court of First Additional Motor Accident Claims Tribunal, Gwalior.

(2.) The case of the appellants/claimants are that the deceased Suresh Tiwari was riding as a pillion rider on the motorcycle and when he reached near Atlas Tiraha in front of Mata ka Mandir, Bhind Road, Malanpur, District Bhind, at that very moment, the offending truck bearing No. UP78 AT 8409 driven by respondent/ non-applicant No.1 hit the motorcycle of the deceased. Respondent/ non-applicant No.1 was driving the truck in rash and negligent manner at the time of accident. On account of accident, Suresh Tiwari died. The deceased's wife, son and daughter filed claim application under Sec. 166 of Motor Vehicle Act for the compensation on account of death of Suresh Tiwari.

(3.) Respondents/ non-applicants No. 2, owner of the offending vehicle, did not appear before the Tribunal and was proceeded exparte.