VIMALA DEVI Vs. VIRENDRA KACHHI

JUDGEMENT

(1.) The appellants-claimants have directed this appeal being aggrieved by the award dated 17.8.2000 passed by the IIIrd additional Motor Accident Claims Tribunal, Satna in Claim Case No. 148/97 dismissing their claim regarding vehicular death of their predecessor, Bhagwat Singh.

(2.) The factual matrix of the case in short are that on dated 20.10.1995 the husband of the appellant no.1 while the father of appellant no.2 and 3 namely Bhagwat Singh alongwith Sunil Pratap Singh was returning from Maihar to his village Bhalsai on a motor cycle bearing registration no. M.P 16/9984. The same was driven by the deceased Bhagwat Singh while Sunil Pratap Singh was travelling as a pillion rider.

(3.) In reply of the respondent no.1 to 3 the averments made in the claim petition are denied. In addition it is pleaded that they have been impleaded as driver and registered owner of tractor trolley no. CPQ 8069 while neither the respondent no. 1 is the driver of such tractor nor the respondent no.2 and 3 are registered owners of said tractor. They have been unnecessarily impleaded in this petition, hence their names are liable to be deleted at the initial stage. In respect of the alleged accident neither any criminal case was registered against the respondent no.1 nor the aforesaid tractor trolley was seized from the respondent no.2 and 3. In such background they prayed for dismissal of the claim against them.