TEJWANTI Vs. IBRAHIM BHARTI & OTHERS

JUDGEMENT

(1.) Appellant, victim of a motor vehicular accident, by the medium of this appeal, has invoked the jurisdiction of this Court in terms of Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the MV Act") and has questioned the award, dated 23rd March, 2007, made by the Motor Accident Claims Tribunal, Kullu, H.P. (hereinafter referred to as "the Tribunal") in Cl. Pet. No. 39/06, titled as Smt. Tejwanti versus Shri Ibrahim Bharti and others, whereby her claim petition came to be dismissed (hereinafter referred to as "the impugned award").

(2.) Appellant-claimant, widow of deceased-Keshav Ram, filed a claim petition before the Tribunal for grant of compensation to the tune of Rs. 5,00,000/-, as per the break-ups given in the claim petition. It is pleaded that on 22nd December, 2005, deceased, namely Shri Keshav Ram, was travelling in the offending bus, bearing registration No. HP-34-5546, was stopped by the driver at Village Khakhnal enabling him to debark. In the process of debarking, the driver suddenly drove the vehicle. Resultantly, the deceased lost control and fell down, sustained injuries, was taken to Lady Willingdon Hospital, Manali, where he breathed last. MLC was issued. The claimant-widow had asked the police not to conduct postmortem and also asked not to conduct investigation.

(3.) Appellant-claimant filed claim petition for grant of compensation, was resisted by the respondents on the grounds taken in the respective memo of objections.