DURGI BAI Vs. SANTLAL KOL

JUDGEMENT

(1.) This Miscellaneous Appeal has been filed on 10/01/2017 against the award dated 22/12/2016 passed by the M.A.C.T. Anuppur in Claim Case No. 72/2015 by which the learned Tribunal dismissed the application of the appellants under Sec. 166 of the Motor Vehicles Act which was filed on 21/08/2015.

(2.) It appears from the award that the Lower court dismissed the application upon the ground that the appellants were unable to prove the factum of accident. They are unable to prove that deceased Pappu Rautel was travelling in Auto No. M.P.-18-R-0285 at the time of accident and the Auto was driven by Sitaram @ Sitla Kol.

(3.) It is submitted by learned counsel for the appellants that the trial Court committed error by rejecting the claim petition. Sufficient evidence was produced and the relevant documents were also produced. Therefore, the award passed by the Tribunal should be set aside and proper compensation should be awarded to the claimants.