BHANWARLAL Vs. RAMCHANDRA

JUDGEMENT

(1.) THIS is an appeal filed by the claimants under Section 173 of Motor Vehicles Act against an award dated 17.7.1997, passed by M.A.C.T., Biaora (Rajgarh) in Claim Case No. 243 of 1997 whereby the claim filed by the appellants was rejected in toto. Facts in brief are these.

(2.) ON 2.11.1992 at about 10 a.m. one Nand Ram a resident of Bakhtawarpura was going on his cycle to Biaora for purchasing diesel. It is at that time, he was dashed by the offending vehicle (Tractor MP 08 1065) from rear. It was driven by respondent No. 2. Due to impact. Nand Lal suffered bodily injury. He was then taken in the same tractor to Biaora and admitted in hospital. He succumbed to injury the same day. This led to filing of the claim petition out of which this appeal arises claiming compensation for the untimely death of Nand Lai. It was inter alia alleged that the offending vehicle was insured with the respondent No. 3 (N.A. No. 3) at the relevant time and the accident in question was due to rash and negligent driving of the driver who was driving the vehicle. In support of the allegations the claimants also filed copy of F.I.R. (Exhibit P-1), Seizure Memo (Exhibit P-3) and the policy (Exhibit P-5). The N.A. No. 1/N.A. No. 2 were ex parte and did not contest the claim. The respondent No. 3/non-applicant i.e., Insurance Company alone contested by filing the written statement. The claimants examined two witnesses in support of their case. As stated supra, no evidence was tendered by any of the non-applicants. By impugned award, the learned member of the Tribunal dismissed the claim petition holding that they failed to prove the accident in question. It is against this award, the claimants are in appeal.

(3.) HAVING heard learned Counsel for the parties and having perused record of the case, we are of the considered view that on the facts pleaded and proved by evidence, the claim petition should have been allowed.