BANO BI Vs. CHANDMAL PATIDAR

JUDGEMENT

(1.) This is an appeal filed by the claimants, i.e., legal representatives of deceased Abdul Rashid Khan under section 173 of Motor Vehicles Act against an award. By impugned award, the Tribunal has dismissed the claim petition filed by the appellants. Facts in brief are these: One Abdul Rashid, aged around 59 years, a government servant, was killed on 18.4.2000 when he was dashed on road (bypass of Rajgarh Square, Biaora) by one moving vehicle. The F.I.R., Exh. P2, was lodged immediately by one Soni mentioning therein the description of car, its number and colour as also make. Since the car driver ran away after dashing the deceased who died on the spot, the car was seized after about a month from a garage.

(2.) A claim petition was filed by widow and children of deceased, i.e., appellants herein under section 166 of the Act claiming compensation for the death of Abdul Rashid against the owner/driver/insurer of the vehicle in question. The claim was resisted by the non-applicants essentially on the ground that vehicle in question was not involved in the accident. Parties then adduced evidence. By impugned award, the Tribunal dismissed the claim holding that claimants failed to prove that vehicle in question was involved in the accident. It is against this award of dismissal, the claimants have filed appeal.

(3.) Heard Mrs. Archana Kher and Mr. Sameer Verma, learned counsel for the appellants and Mr. S.V. Dandwate, learned counsel for respondent No. 3. None for the respondent Nos. 1 and 2.