BADAM BATHAM Vs. DINESH

JUDGEMENT

(1.) This Miscellaneous Appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 has been filed by the appellant, the husband of deceased Smt. Laxmi Batham, being aggrieved by the Award dtd. 29/1/2022 passed by the learned Fourth Member, Motor Accident Claims Tribunal, Dabra (hereinafter referred to as "the Claims Tribunal") in Claim Case No.07 of 2018, whereby the claim petition preferred by the appellant was dismissed.

(2.) The factum of accident, negligence, and liability is not in dispute in the present case.

(3.) In brief, the facts of the case are that o n 4/9/2017, at about 10:00 a.m., deceased Smt. Laxmi Batham was boarding bus bearing registration No. MP07 P 0833 to proceed towards Dabra to procure ration for the Anganwadi Centre, as the ration stock had been exhausted. The driver of the said bus (respondent No.1 therein) drove the vehicle rashly and negligently, as a result of which the deceased fell down from the bus and was run over, sustaining grievous injuries leading to her death during treatment.