DUDKIBAI Vs. IQBAL SINGH

JUDGEMENT

(1.) This is an appeal under section 173 of Motor Vehicles Act filed by the claimant challenging the dismissal of her claim petition by the Addl. Member of Claims Tribunal, Sendhwa in Claim Case No. 16 of 1994, whereby the learned Member of the Tribunal was pleased to reject the claim petition submitted by claimant (appellant herein) by award dated 22.7.1994.

(2.) Few facts need to be taken note of to appreciate the controversy involved in the appeal. Claimant is one Dudkibai. She had a son by name Balia. Balia married a girl by name Meera.

(3.) On 20.10.1993 at about 8.45 in night Balia met with an accident. One truck bearing No. MP-06 A-3745, which was driven by respondent No. 1 dashed against Balia while he was on walking on the roadside resulting in his instantaneous death. Indeed the impact was so violent that Balia died on the spot. He was around 37 years of age at the time of his death. It is not in dispute that offending vehicle, i.e., truck in question was insured with respondent No. 3, i.e., New India Assurance Co. Ltd.