SITABAI Vs. K.B. SAXENA

JUDGEMENT

(1.) BEING aggrieved by the award dated 27.3.2004 passed by MACT, Narsingharh, District Rajgarh in claim cash No. 55 of 2003 whereby the claim petition filed by the appellants has been dismissed, the present appeal has been filed.

(2.) SHORT facts of the cash are that a claim petition was filed by the appellants alleging that in a motor accident, one Mangilal died who happened to be husband of appellant No. 1 and father of appellant Nos. 2 to 5. In the claim petition it was also alleged that accident took place with the vehicle bearing registration No. MP-20W 2069 which was being driven by the deceased Mangilal, owned by respondent No. 1 send insured with respondent No. 2. Claim petition was contested by respondent No. 2 on various grounds including the ground that since the offending vehicle was being driven rashly and negligently by the deceased Mangilal himself, the claim petition deserves to be dismissed.

(3.) LEARNED Counsel submits that from perusal of record, it is evident that appellant Nos. 2 to 5 are minors and appellant No. 1 who happens to be mother of appellant Nos. 2 to 5, is an illiterate lady who has put her thumb impression on the claim petition. It is submitted that learned Tribunal has held that since the accident because of rash and negligent driving of deceased Mangilal, therefore, appellants are not entitled for any amount of compensation. It is submitted that appellant No. 1 was not on spot when the accident occurred. The only fault of the appellant No. 1 is that she has put her thumb impression without understanding the contents of it. It is submitted that there is no evidence on record on the basis of which it could have been held that the accident occurred due to rash and negligent driving of deceased Mangilal.