SARJUBAI Vs. FAJALKHANBHAI

JUDGEMENT

(1.) THIS miscellaneous appeal is directed against the award dated 8. 11. 1985 passed in Claim Case No. 15 of 1985 by the Motor Accidents Claims Tribunal, Jhabua, dismissing the application under Section 110-A of the Motor Vehicles Act of the claimant for grant of compensation to the extent of Rs. 1,60,000/- against the non-applicant for the death of Lata, who, according to the applicant, met with an accident due to the rash and negligent driving of the vehicle by the driver of bus No. RJB 259, which at the relevant time was being driven by respondent No. 1.

(2.) ACCORDING to applicant, the deceased met with the accident due to the rash and negligent driving by the driver of bus No. RJB 259, Fajalkhan, respondent No. 1, and, therefore, the claimants are entitled for the compensation. In the joint written statement the non-applicant Nos. 1 and 2 denied the allegations made by the claimants.

(3.) AFTER framing the issues the court found that it has not been proved that the driver was driving the vehicle on 24. 5. 1985 rashly and negligently and it was also found not proved that the death of the girl was caused due to the rash and negligent driving and, therefore, dismissed the claim.