HAKIM SINGH Vs. SIRAJUDDIN

JUDGEMENT

(1.) CHALLENGING the validity and legality of the award dated 8.10.2004 passed by I MACT, Dabra in Claim case No.38 of 2003, the appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act. By the impugned award, the Claims Tribunal has rejected the claim petition filed by the appellants on the ground that the appellants have failed to prove that the accident was caused by the alleged vehicle bearing registration No.M.P028/B 1669. In this appeal, the appellants/claimants are referred to as 'applicants', respondents no.1 driver and 2 owner of the offending vehicle as 'non-applicants no.1 and 2 and respondent no.3 as non-applicant no.3.'

(2.) THE admitted facts of the case are that on 4.6.2003 the date of accident, the offending vehicle bearing registration No.M.P.28/B 1669 was owned by the non-applicant no.2 Chandrabhushan and non-applicant no.1 Sirajuddin was driver of the said vehicle and the said vehicle was insured by non-applicant no.3.

(3.) THE non-applicants no.1 and 2 denying the averments made in the claim petition have submitted that no accident had occurred with the offending vehicle being driven by non-applicant no.1 and owned by non-applicant no.2 and even if it is found that the accident had occurred with the alleged vehicle, the driver/non-applicant no.1 was having valid driving licence, hence, the they cannot be held responsible for payment of any compensation to the claimants. Hence, the claim petition filed by the claimants deserves to be dismissed. Further, if any compensation is awarded by the claims Tribunal, the same is to be paid by the non-applicant no.3 Insurance Company.