RAM DAYAL KONDAR Vs. SANKAR LAL KONDAR

JUDGEMENT

(1.) This appeal has been preferred by the claimants under Section 173 of Motor Vehicle Act, 1988 being aggrieved by the order dated 30.06.2005 passed by IV Additional Member Motor Accident Claims, Chhatarpur (MP) in MVC No. 56/2001 whereby the claim petition filed by the appellants was dismissed.

(2.) In short, appellants case is that they had filed a claim case under Section 166 of Motor Vehicles Act, 1988 and prayed for compensation to the tune of Rs. 5,00,000/- on account of death of Ramkripal. Claim petition was dismissed by the learned Tribunal holding that, at the time of accident deceased Ramkripal was travelling in his own tractor which was owned by his wife Munnibai (Respondent no. 2). Hence, deceased did not come under the category of 'Third Party'. It was also not proved that the accident was caused due to rash and negligent driving by respondent no.1.

(3.) Claimants/appellants being aggrieved and dissatisfied with the said award preferred this appeal on the ground that the Tribunal has failed to consider the evidence produced by the claimant. The impugned order passed by the learned Tribunal is illegal and is liable to be set aside. Hence, appellants prayed that appropriate award of compensation be passed in favour of the appellants.