JAMNABAI Vs. MUKESH

JUDGEMENT

(1.) By this appeal u/S.173 of the Motor Vehicles Act, the appellants have challenged the award of Motor Accident Claim Tribunal, Indore dated 29/2/2005 dismissing the claim Case No.253/2003.

(2.) The appellants claimants had filed the claim petition before the tribunal with the plea that on 3/12/1999 Ramesh was going in his motor cycle when the accident was caused by Scooter No. MP.09.JA.714 driven in rash and negligent manner by the respondent No.1 in which Ramesh had received grievous injuries and had died during the course of treatment, accordingly the compensation was claimed.

(3.) Respondent No.1 and 2 had remained ex-parte before the Tribunal. The respondent No.3 insurance company by filing the reply had denied the claim and had also raised the plea of violation of the policy conditions.