SHAMIM BANO Vs. RAJESH KUMAR

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 29-11-2005, passed by the learned Motor Accidents claims Tribunal, Betul, in Motor Accidents claim Case No. 43/2005, dismissing thereby the Claim Petition for want of jurisdiction.

(2.) FACTS relevant for the purposes of this appeal are that deceased Shahadat Khan was a driver on truck No. MP-05-A/9611 owned by the respondent No. 1. Truck was on the return journey from Nasik to Betul on 23-9-2004 with one Sunil Korku as its cleaner. The truck was parked at one 'dhaba' near Village Patola, Maharashtra, in the intervening night between, 22/23-9-2004. Shahadat Khan was assaulted by Sunil korku by knife. Shahadat Khan was found dead. Claimant/appellant submitted a Claim petition under Section 166 of the Motor Vehicles Act for compensation on the ground that Shahadat Khan was murdered by the cleaner while sleeping in the truck. A claim for compensation was, accordingly, made. Respondents submitted ther respective reply. They inter-alia stated that the claim case is not tenable under the provisions of the motor Vehicles Act before the Claims Tribunal.

(3.) PRELIMINARY issues were raised about maintainability of the Claim Petition under section 166/140 of the Motor Vehicles Act. Learned Member of the Motor Accident claims Tribunal, Betul, after hearing the arguments passed the impugned order on 29-11-2005, holding thereby that the death of'shahadat Khan was not caused due to accidental murder but was simplicitor murder and the Claims Tribunal has no jurisdiction to entertain the Claim Petition under the provisions of the Motor Vehicles Act. Accordingly, the Claim petition was dismissed. Aggrieved by it, the present appeal has been preferred.