GITA BAI Vs. SHAHID KHAN

JUDGEMENT

(1.) THIS is an appeal filed under Section 173 of the Motor Vehicles Act by the claimants against an award, dated 12.8.1997, passed by M.A.C.T. Shajapur in Claim Case No. 284 of 1996. By impugned award, the learned Member of the Claims Tribunal dismissed the claim of the claimants. Facts in brief are these. On 28.7,1994, one Chhagan Lal boarded a Matador (a name of vehicle) Learing No. MP-04-C-6921 at a place called Kalisindh for going go Shajapur. When this vehicle came near Shajapur its door got opened resulting in Chhagan Lal falling out of the vehicle. Due to this falling out of the running vehicle, Chhagan Lal died almost on the spot. It is this incident that led to filing of the claim petition by the appellants herein. The compensation was claimed for the death of Chhagan Lal on the ground of rash and negligent driving of the vehicle in question by the driver. According to claimant, Chhagan Lal was in Government service as Gram Sevak. It was alleged that the N.A. No. 1 is the owner of vehicle whereas N.A. No. 2 was the driver at the relevant time. It was further alleged that vehicle was insured with N.A. No. 3. The respondents denied the material averments. Parties led evidence. The Tribunal by impugned award dismissed the claim petition mainly on the ground that claimants failed to prove that accident in question as alleged by the claimant occurred with the offending vehicle in question. It is against this impugned award, the claimants have filed appeal.

(2.) HEARD Mr. S. Patwa, learned Counsel for the appellants and Mr. S.V. Dandwate, learned Counsel for the respondent No. 3.

(3.) ONE of the relevant questions that arises for consideration in the appeal is, whether claimants were able to prove the accident as alleged by them.