SARBATI Vs. ANIL KUMAR

JUDGEMENT

(1.) These eighteen appeals have been filed by claimants and arise out of a common accident which took place in the intervening night on 17/18.6.1995 at near the bridge of Parewa Bhir in the area of the Police Station Mugling in District Chandi Bhajan in Nepal. Since the Motor Accidents Claims Tribunal, in all the claim petitions, have held that the claim petitions were not maintainable before the Tribunals in India and consequently dismissed the claim petitions, therefore, claimants have approached this court through the present appeals.

(2.) The facts are not in dispute. The admitted position between the parties is that a bus No. UP 10-B 0939 took various persons for pilgrimage from Delhi to Kathmandu (Nepal). On the fateful day, at about 2 a.m. when the aforesaid bus reached near the bridge of Parewa Bhir in the territory of Nepal, the bus driver allegedly lost his control over the bus and because of the same, bus fell into river known as 'Trishli Nadi'. All the 54 passengers travelling in the said bus drowned in the river and died. Various claim petitions were filed by the legal representatives of the deceased before the Motor Accidents Claims Tribunals, Panipat, Karnal and Kurukshetra. All the Tribunals took a consistent view that in view of the fact that the accident in question had taken place outside the territory of India, therefore, the claim petitions were not maintainable. Consequently, the claim petitions were dismissed.

(3.) I have heard the learned counsel for the parties and with their assistance have also gone through the record of the case.