TAKE SINGH Vs. KALYAN SINGH

JUDGEMENT

(1.) THIS is an appeal, filed by the claimants under section 173 of Motor Vehicle Act (for short-hereinafter referred to as 'the Act') against an award dated 13.2.2006 passed by 13th MACT, Indore in Claim Case No. 72/2005. By impugned award, the Claims Tribunal has dismissed the claim petition of claimants filed under section 166 of the Act seeking compensation for the death of one lady Lilabai. So the question that arises for consideration in this appeal is whether Claims Tribunal was justified in dismissing the claim petition filed by claimants?

(2.) FACTS in brief are these.

(3.) THE R-1/NA-1 remained ex-parte despite service since inception whereas Insurer (R-2/NA-2) alone contested the claim petition. In substance, the R-2/NA-2 denied the very existence of accident including its manner in which it claimed to have occurred by the claimants. In consequence, thus, the R-2/NA-2 denied their liability. Parties adduced the evidence. Claimant examined 2 witnesses.