MANJU Vs. BHIM

JUDGEMENT

(1.) Present application has been filed for recalling the order dtd. 28/3/2023 passed by this Court by which, the main appeal was dismissed for non-prosecution. Keeping in view the averments made in the application, which are duly supported by an affidavit, application is allowed. Order dtd. 28/3/2023 passed by this Court is recalled and the main appeal is ordered to be restored to its original number and status and is taken up for hearing today itself. FAO-3296-2016

(2.) In the present appeal, challenge is to award dtd. 2/2/2016 passed by the Motor Accident Claims Tribunal, Rohtak by which, the claimants have only been awarded compensation of Rs.50,000.00 under Sec. 140 of the Motor Vehicles Act, 1988 whereas, the claim raised by the claimants under Sec. 166 of the Motor Vehicles Act, 1988 for the grant of compensation to the tune of Rs.25,00,000.00 has been declined.

(3.) Learned counsel for the appellants argues that in the present case, keeping in view the registration of an FIR on the basis of the statement of the nephew of the deceased, the accident is proved. Learned counsel for the appellants submits that once the accident is proved, the natural corollary is that negligence on the part of the driver of the offending vehicle has led to the accident hence, the registration of an FIR and the death of the deceased in the said accident is good enough to grant the compensation to the claimants under Sec. 166 of the Motor Vehicles Act, 1988 whereas, the tribunal has wrongly held that there was no evidence on record to prove that driver of the offending vehicle was negligent in any manner so as to grant the compensation to the claimants under Sec. 166 of the Motor Vehicles, Act, 1988.