KUSUM Vs. KALU

JUDGEMENT

(1.) Heard finally, with the consent of the parties.

(2.) This miscellaneous appeal has been filed under Sec. 173 (1) of Motor Vehicles Act, 1988 (in short 'the Act of 1988') against the award dtd. 31/08/2016, passed in Motor Accident Claim Case No.84/2013 by Additional Member MACT, District Ratlam (M.P.) whereby, the claim of the appellant, has been rejected.

(3.) In brief, the facts of the case are that the accident in the present case took place on 15/1/2013, at Mhow Neemuch Highway road where the deceased Bhawani Singh, who was going on his motorcycle bearing registration No. MP-43/MC6783, from Badnawar to Ratlam, rammed into a truck bearing registration MPNo.09/GF/7750 from behind as the driver of the said truck suddenly applied break, as a result, the deceased suffered head injuries and died on the spot. Subsequently, the claimants filed the claim case to get the compensation on account of death of the deceased Bhawani Singh, who was aged 45 years, and the learned Member of the Claims Tribunal, after recording the evidence has rejected the claim on the ground that the appellants/claimants could not prove the accident.