RASHEEDA Vs. ABDUL KADEER

JUDGEMENT

(1.) This misc. appeal under Sec. 173(1) of the Motor Vehicles Act filed by the appellants/claimants, arising out of the impugned award dtd. 14/11/2007 passed by Member, Motor Accident Claims Tribunal (hereinafter referred as "Claims Tribunal), Mungawali District- Guna in Claim Case No.03/2006, whereby, the Claims Tribunal has rejected the claim petition for seeking compensation filed by appellants/claimants.

(2.) Brief facts of the case are that on 10/10/2005 at about 06:30 AM, Kadir Ahmad was travelling from village Khiriya to Mungawali in Auto bearing Registration No.MP-08T-9924. As soon as the auto reached near Village Chinkupur Mungawali Chanderi Road, respondent No.2 overturned the auto by driving rashly and negligently as a result of which, Kadir Ahmad suffered injuries. Other people sitting in the auto also suffered serious injuries. During treatment, Kadir Ahmad died. Thereafter, police registered the case against Driver of the offending vehicle auto. After completion of investigation and other formalities, police had filed charge-sheet.

(3.) On account of death of deceased Kadir Ahmad, appellants/claimants filed a claim petition seeking compensation. Respondents appeared before the Claims Tribunal and filed written statements and denied claim averments.