HAKIM ALI Vs. VIJAY BAHADUR

JUDGEMENT

(1.) This miscellaneous appeal has been filed against the award dated 18.9.2002 passed in Claim Case No.99/99 by Fourth Additional Motor Accident Claims Tribunal, Chhattarpur whereby the claim petition filed under Section 166 of the Motor Vehicles Act by the parents of the deceased, was dismissed.

(2.) The claim petition was filed by the parents of the deceased, who have filed this miscellaneous appeal, on the grounds that the daughter of the claimants died in a road accident on 26.8.99. It is alleged that the jeep No.UP-93B/ 6654 was being driven rashly and negligently by respondent No.1, which was owned by respondent No.3. The said vehicle was insured with respondent No.3. The claimants claimed Rs.2,49,500/-compensation on various grounds.

(3.) The respondents filed their reply of the claim petition. Issues were framed. During consideration of issue No.1, the Tribunal found that the claimants have totally failed to prove that the accident had occurred on account of rash and negligent driving by the jeep or the jeep No.UP-93-B/6654 or the said vehicle was involved in the accident.