SANGEETA KALANKI Vs. ABDUL LATIF

JUDGEMENT

(1.) THIS appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 against the Award dated 28.1.2004 passed by 3rd Additional Motor Accident Claims Tribunal, Ujjain in Motor Vehicle Case No. 48 of 2003, whereby the Claims Tribunal has dismissed the claim petition of the appellants, for the reasons assigned by him in the impugned Award.

(2.) THE facts giving rise to the filing of the present appeal are as under: According to appellants on 21.5.2001, deceased Sudhkar was going on Luna bearing registration No. MP-13/FA-6893 at Ujjain. At that time P.W. 2 Jagdish, was also a pillion rider on the said Luna, which was being driven by deceased Sudhakar. At that point of time, according to the appellants, the Luna was dashed by a scooter, driven by respondent No. 1 Abdul Latif, owned by respondent No. 2 and insured with respondent No. 3. Due to the said accident and the injuries sustained by Sudhakar he succumbed to the same.

(3.) BEFORE the Claims Tribunal to iron out the creases and to come to definite conclusion the evidence of investigating Officer, who had conducted an inquiry with regard to actual involvement of the vehicle was not recorded. In absence of the evidence of I.O. the learned Claims Tribunal, came to the conclusion that it could not be established as to by which vehicle the accident was caused.