LOKENDRA SINGH Vs. HAYATKHAN

JUDGEMENT

(1.) THIS miscellaneous appeal filed under Section 110-D of the Motor Vehicles Act is directed against the Award dated 21st October, 1983 passed by the Member, Motor Accidents Claims Tribunal, Jhabua in Claim Case No. 19/81, thereby rejecting the claim petition.

(2.) BRIEFLY stated the facts of the case are that the truck bearing registration No. CPF 8081 was owned by respondent No. 2 (Amritlal). At the relevant time, it was driven by Hayatkhan (deceased). This Hayatkhan drove the truck rashly and negligently as a result of which truck turned turtle. Hayatkhan also died in this accident. In this accident, one Narwarsingh also died and the appellant-claimant suffered injuries. He was also sitting in this truck. The Tribunal found that the truck was not driven rashly and negligently and on this ground the claim petition was dismissed. Aggrieved by this order, the claimant has preferred this appeal.

(3.) IN this accident one Narwarsingh has also died. The legal representatives of Narwarsingh had preferred claim petition. The claim of L.Rs. of Narwarsingh was also dismissed. M.A. No. 345/83--Ladkhibai and Ors. v. Jatonbibi and Ors. was filed by the L.Rs. of Narwarsingh. The Division Bench of this Court allowed the appeal of these L.Rs. by order dated 18.9.1987.