ASHA DEVI Vs. H.R.T.C.

JUDGEMENT

(1.) The appellants have called in question the judgment and award, dated 12th December, 2008, made by the Motor Accident Claims TribunalI, Sirmaur District at Nahan, H.P. (hereinafter referred to as "the Tribunal") in MAC Petition No. 05MAC/ 2 of 2007, titled as Smt. Asha Devi and others versus H.R.T.C. and others, whereby the claim petition filed by the claimantsappellants came to be dismissed (hereinafter referred to as "the impugned award"), on the grounds taken in the memo of appeal.

(2.) The unfortunate claimants have been shown door by the novice Judge, namely, Mr. V.K. Gupta, who was manning the post of Motor Accident Claims TribunalI, Sirmaur District at as Presiding Officer, on the ground which is not known to law. Brief facts:

(3.) The claimants are the victims of vehicular accident, which was caused by Ram Lal, driver, while driving HRTC bus No. HP183592, rashly and negligently, on 25th November, 2006, at about 5.10 P.M. at Balmiki Basti Bus Stop near Petrol Pump at Nahan, in which Shri Shishu Pal lost his life, who was the bread earner of the claimants and on whom they were dependent. Being dependents, they filed a claim petition before the Tribunal, came to be diarized as MAC Petition No. 05MAC/ 2 of 2007 and sought compensation to the tune of Rs. 30 lacs as per the breakups given in the claim petition.