ONKAR Vs. MOHD. MUKEEM

JUDGEMENT

(1.) CLAIMANTS have come up in appeal under Section 173 of Motor Vehicles Act against an award, dated 17.4.1997, passed by learned 1st -Additional Member, Motor Accident Claims Tribunal, Mandleshwar in Claim Case No. 43 of 1993, whereby their claim petition was rejected in its entirety. According to claimants (appellants herein), their claim petition ought not to have been rejected but should have been allowed.

(2.) CLAIMANTS are mother and father of one Vijay, aged 10 years. They are the residents of one Village Palsud in Tehsil Maheshwar.

(3.) IT is this cause that led to filing of claim petition by the appellants (claimants) who are father/mother of late Vijay claiming compensation for his death. The claim petition was founded on aforementioned allegation. It was denied by the non-applicants. Evidences were led. The claims Tribunal rejected the claim petition holding that it was not proved that the accident in question occurred with the vehicle in question. It is against this rejection of claim, the claimants are in appeal to this Court.