M ADU AMA Vs. INJA BANGARU RAJA

JUDGEMENT

(1.) Claimant is appellant in this appeal under Section 173 of the Motor Vehicles Act, 1988.

(2.) CASE of the claimant is that her son named N. Ramaro was going on his left side of the road in village Gosani on 2.8.1988 at about 5.00 p.m. At that time a bus bearing registration No. OAC 1611 belonging to respondent No. 1 which is popularly known as Nilachal Express bus plying from Gudari to Berhampur, dashed against the deceased at Gosani Chhaka on the road of village Gosani to Parla Khemandi. The deceased sustained multiple injuries and died on the spot. In the claim application it has been disclosed that the deceased left behind his widow, M. Sarojini and daughter, M. Lalita Kumari.

(3.) DAUGHTER and widow of the deceased filed another claim petition which was registered as M.A.C. No. 87 of 1990 (38 of 1989). Both the claim petitions were heard together. On behalf of the claimants, five witnesses were examined. F.I.R., seizure list and the post -mortem report were produced and marked Exhs. 1 to 4. Insurance policy was produced and marked Exh. A. Considering the materials on record, Tribunal has held that the claimant has not been able to prove the rashness and negligence in this case.