RANJU DEVI Vs. UTTAM KUMAR GADIA

JUDGEMENT

(1.) THIS appeal is directed against an order dated 16.11.1991 passed by the Motor Accident Claims Tribunal, Godda in Title (Claim) Suit No. 11/1987. By the impugned order, the Tribunal has rejected a claim made by the appellants under Section 110A of the Motor Vehicles Act, 1939, even before the case was taken up for trial, on the ground that in the claim petition there was no allegation of negligence on the part of the driver of the bus causing the fatal accident.

(2.) THE claim for compensation arose from an accident in which one Ashwani Kumar Jha, the husband of appellant No. 1 was run over by a bus bearing registration No. BHJ 3877. The accident took place at Gorsanda Chowk between Godda and Pathargawan on 3.6.1987 at about 2.45 p.m. The husband of the appellant No. 1 died on the spot.

(3.) AFTER the filing of the claim application, the petition, it was stated as follows: That the petitioner No. 1's husband died due to rash, negligent driving by the driver of the bus BHJ 38757 on 3.6.1987 at Gorsanda Chowk.