SAWARAM & ANR Vs. CHUKKHA @ CHOKHELAL & ORS

JUDGEMENT

(1.) The appellants-claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 31.1.2005, passed by the 7th Additional Motor Accident Claims Tribunal, Gwalior in claim case No. 27/2004 for compensation.

(2.) On 18.2.1985, Asharam had been going on his bicycle, near Maharajpura Tiraha, a truck bearing Registration No. M.P.G. 7795, driven rashly and negligently by the driver, dashed the bicycle. In the aforesaid accident. Asharam died on the spot. After a period of near about 19 years claim petition has been filed by the claimants, namely widow of Asharam and son of Asharam. They claimed that Asharam was died in the accident and the claimants are entitled a total compensation of Rs. 8,00,000.

(3.) Insurance Company and the owner of the vehicle both denied the liability of payment of compensation on the ground that the vehicle was not involved in the accident. The Claims Tribunal dismissed the claim application on the ground that the claimants failed to prove before the Claims Tribunal that the accident was caused by the vehicle bearing Registration No. M.P.G. 7795. The Tribunal further held that the claimants failed to prove that the vehicle had been driven rashly and negligently by the driver of the truck.