RAMDHAN & ORS. Vs. DINESH & ORS

JUDGEMENT

(1.) Heard.

(2.) It is claimants' case that on 27.05.2000, deceased Naresh Kushwah was riding a scooter and going from Morena to Dholpur alongwith one Abid Khan when a truck had hit the scooter being driven by Naresh from the rear side, as a result, Naresh had sustained severe head injuries and had died. On account of such accident, the claim petition was filed and a compensation of Rs.26,56,000/- has been claimed against the owner, driver and the Insurance Company in a joint and severe manner.

(3.) It is the contention of the appellants that the Claims Tribunal erred in disbelieving the accident and denying the claim compensation in favour of the appellants, whereas the fact is that there was overwhelming evidence of two eye-witnesses, namely, Abid Khan (AW1) and Prem Singh (AW3), who were gratuitous passengers in the so-called offending truck to show that Naresh had died because of the accident, which was caused due to rash and negligent driving of Truck No.MP06E1695. The Claims Tribunal erred in appreciating overwhelming such evidence of the eye- witnesses and has wrongly rejected the claim of the appellants.