KAMLA DEVI Vs. HEM SINGH AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the award, dated 30th December, 2011, passed by the Motor Accident Claims Tribunal-II, Mandi, H.P. (for short, "the Tribunal") in Claim Petition No.53 of 2004, titled Kamla Devi vs. Hem Singh and others, whereby the claim petition came to be dismissed, (for short the "impugned award").

(2.) Feeling aggrieved, the claimant-appellant filed the instant appeal.

(3.) During the course of hearing, the learned counsel for the appellant argued that the Tribunal has wrongly dismissed the claim petition. It was submitted that, though, initially the FIR was lodged against the deceased, but during investigation, it was found that driver Vinod Kumar, respondent No.2, had driven the offending Truck bearing No.HP-28-0317, rashly and negligently and caused the accident, against whom final report was put up by the police before the Judicial Magistrate Ist Class, Court No.III, Mandi and that the said Vinod Kumar was facing trial. It was further submitted that withdrawing the petition filed under the provisions of Workmen's Compensation Act, 1923 is no ground for the Tribunal to dismiss a claim petition. Therefore, it was submitted that the impugned award suffers from material illegality and deserves to be set aside.