JAMILA BEGUM Vs. RAIPUR TRANSPORT CO. PVT. LTD.

JUDGEMENT

(1.) THIS appeal has been preferred by the unsuccessful claimants in Claim Case No. 2 of 1976 before the Motor Accidents Claims Tribunal, Rajnandgaon decided on 16-1-1978. The evidence has been recorded in Claim Case No. 4/76 and the main award with reasoning is also passed in that case. Out of the accident by bus No. CPS 8937 belonging to the non-applicant No. 1 on 23-11-1975 on Khairagarh Rajnandgaon road, Claim Cases Nos. 2, 3, 4 and 7 of 1976 were filed.

(2.) THE appellants had claimed compensation amounting to Rs. 1,00,000/-. The bus CPS 8937, was insured with respondent No. 2. Mohammad Ismail and two others died in the said accident. The appellant No. 1 is ths widow, appellants 2 and 4 are the daughters and Kamal, appellant No. 3 was the son of late Mohammad Ismail. Mohammad Ibrahim is the father of late Mohd. Ismail. During the pendency of the appeal, the appellant No. 3 Kamal died on 31-5-1980. Late Kamal was aged 7 years. An application (IA No. 2721/80) was filed on 11-8-1980 alleging that the uncles, grandfather, Mohammad Ibrahim and aunt of late Kamal are his legal representatives. The application was allowed on 27-11-1980 and appellants 3(a) to (e) have been impleaded in this appeal.

(3.) THE learned Presiding Judge of the Motor Accidents Claims Tribunal, Rajnandgaon dismissed the claim holding that the said accident did not take place due to any rash or negligent act on the part of the driver or the non-applicant no. 1. It was further held that the accident took place due to the bursting of the tyre of the right front wheel when the vehicle was being driven at the speed of 60 kms. per hour. It was held that the accident was inevitable, hence no liability of the non-applicants respondents.