LAWS(MPH)-2003-9-107

MANFUL Vs. MEHMOOD

Decided On September 03, 2003
Manful Appellant
V/S
Mehmood Respondents

JUDGEMENT

(1.) THIS appeal has been preferred under Section 173 of Motor Vehicles Act, 1988 against the award dated 2nd March, 1998, passed by 1st Addl. Motor Accident Claims Tribunal, Indore in Claim Case No. 189 of 1990.

(2.) TRIBUNAL has dismissed the claim of appellants on the ground, that the accident by the vehicle in question, could not be established. Feeling aggrieved appellants are before us in appeal.

(3.) ON 31st May, 1990, he was returning from Indore to Mhow on his scooter, bearing registration No. PIA-7785. Somewhere between Rau and Kishanganj, a tanker bearing registration No. MP-09-D-3105 was coming from opposite direction. The said tanker overtook another vehicle going in front of the said tanker, and in the process, had lost its control. In the meanwhile deceased, who was coming on a scooter from opposite direction, was violently dashed by the said tanker. Deceased had fallen on the ground. This accident was witnessed by Jagdish Chandra Yadav (A.W. 2). This witness had, then, noted registration number of the tanker, as also of the scooter, which was being driven by deceased.