NANU Vs. HAYATKHAN

JUDGEMENT

(1.) THIS is an appeal by the claimant against the award dated 21-10-1983 passed by the Member, Motor Accident Claims Tribunal, Jhabua in Claim Case No. 14/81 whereby the learned Tribunal has dismissed the claim petition of the claimants.

(2.) THE facts giving rise to this appeal, briefly stated, are as follows: The deceased Narvar Singh alongwith one Lokendra Singh had been to Dohad on 7-4-1981 for purchasing parts of motor-cycle. After making the desired purchases at Dohad, the deceased and Lokendra Singh were given a lift by the driver of the truck bearing registration No. CPF 8081 which was going to Bhabra where the deceased wanted to go. The truck-driver had agreed to carry the deceased and Lokendar Singh as passengers of the truck for hire charges of Rs. 5/-. On the way while the truck was going past Sejwada, it ran over the heap of Gitties and turned turtle and the cabin of the truck in which the driver and the deceased were sitting, got crushed resulting in the death of the deceased Narvar Singh. The driver of the truck also died. But Lokendra Singh (AW-1), however, survived with certain injuries on his person.

(3.) BEING aggrieved by the award dismissing the claim-petition, the claimants have filed this appeal.