SHAMEEM BEGUM Vs. M.P. STATE TRANSPORT NIGAM

JUDGEMENT

(1.) THE appellant -claimants have preferred this appeal under section 173 of the Motor Vehicles Act, 1988, (hereinafter referred to as M.V. Act for brevity). Feeling aggrieved by an award dated 6.12.1995 passed by the 1st Additional Motor Accidents Claims Tribunal, Betul, in Motor Claim Case No. 22/92 whereby the Claims Tribunal had rejected the claim petition filed by the appellants -claimants.

(2.) BRIEF facts of the case which are necessary for the disposal of this appeal are that on 29.7.1991 deceased Mirza Liyaqat Beg who was aged about 30 years was travelling in State Transport Bus No. MKW 7960 which was driven by driver Ratan Singh belonging to M.P. State Transport Corporation. This bus was going to Nagpur from Betul. When this bus reached at the relevant time on the bridge of the Machna river near village Pathoapura at that time the bus floated in the river due to the fast speed of flood water on the bridge and turn turtle in the river. The driver of the bus Ratan Singh and deceased Liyaqat Mirza both were floated in the river and their dead bodies could not be traced out from the river. Deceased Liyaqat Mirza Beg was working as a Physical Training Instructor in Higher Secondary School at Shahpur District Betul. His monthly salary was about Rs. 2,552/ - from which he was maintaining his wife and minor sons. On these allegations the appellants -claimants had filed the claims petition claiming compensation amount of Rs. 6,58,000/ - from the respondent. This claim petition has been filed before the Claims Tribunal at Betul. After recording evidence of the parties and hearing on merits the Learned Claims Tribunal has arrived at conclusion that it is not proved that this accident occurred due to rash and negligent driving of the bus driver. Therefore, rejected the claim petition vide impugned award dated 6.12.1995. Feeling aggrieved by the aforesaid award the appellants have preferred this appeal.

(3.) ARGUMENTS heard, record perused.