SHAMINA BEGUM Vs. RAJENDRA WAGHMARE

JUDGEMENT

(1.) This appeal has been preferred by the claimants against an order dated 10-3-1998, passed by the Motor Accidents Claims Tribunal, Gwalior (Third Additional District Judge, Gwalior (for short, the 'Tribunal'), whereby the Tribunal has rejected their application under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act').

(2.) The facts are that Indu Khan was driver of vehicle No. CIH 7681. While he was driving the truck, it met with an accident in which Indu Khan died. The claimants who are the legal representatives of deceased Indu Khan made a claim for compensation under Section 166 of the Act. Along with this claim an application for compensation under Section 140 of the Act was also made before the Tribunal. While considering this application, the Tribunal has arrived at the findings that the deceased himself was driving the vehicle and it was due to his rash and negligent driving that the accident took place in which he died. On these findings, the Tribunal rejected the application under S. 140 of the Act.

(3.) Smt. Purnima Nigam, learned counsel for the appellants, contended that in this case the Tribunal has found that the accident had taken place arising out of the vehicle; the deceased was driving the vehicle at the time of the accident, and he died in the accident. The counsel contended that in rejecting the application the Tribunal has totally misconstrued the provisions of Section 140 of the Act.