MUNNIDEVI Vs. RAJKUMAR SINGH

JUDGEMENT

(1.) THIS appeal is filed by claimants against dismissal of their claim petition.

(2.) CLAIMANTS namely mother of deceased and younger brother of the deceased Netram have filed an application claiming compensation on account of death of Netram.

(3.) ON 18-4-82 at about 10. 45 at night Netram was travelling in tractor being registration No. CPG 6643 from Morena towards the toll tax barrier. When the tractor reached the Roadways Bus Stand and was opposite veterinary hospital it collided with a truck being registration No. M. P.-06/5727, which resulted into death of Netram. After filing of claim petition evidence was led and on appreciation of evidence Claims Tribunal has dismissed the petition. Claims Tribunal has held that it is not proved that accident occurred on account of rash and negligent driving by the driver of truck No. M. P.-06/5727. Claims Tribunal also found that the driver and owner of the tractor, in which deceased was travelling has not been impleaded as a party and there is no evidence regarding negligence by the driver of the said offending truck and dismissed the claim.