TARA DEVI Vs. NATIONAL INSURANCE CO

JUDGEMENT

(1.) 1. This miscellaneous appeal has been preferred by Mostt. Tara Devi, wife of late Ram Charitar Singh @ Palara Singh, claimant-appellant of M.V.A. Claim Case No. 19 Page 0532 of 1995 against the judgment dated 26th July, 1997 passed by Sri Ram Bilash Gupta, Presiding Officer, M.V. Accident Claims Tribunal, Begusarai whereby he has been pleased to dismiss the claim petition filed by the claimant-appellant and held that the claimant-appellant is not entitled for any compensation.

(2.) THE brief fact of the case is that the claimant-appellant had filed accident claim case bearing M.V.A Claim Case No. 19 of 1995 against the respondent on account of the death of her husband, Ram Charitar Singh alias Palara Singh, who died in a road accident. THE allegation was that on 23.8.1994 at 10.30 A.M. the said Ram Charitar Singh alias Palara Singh, was crossing the road keeping a bundle of grass on his head. In the meantime a Tata 407 bearing registration No. BR 33 / 1361 which was being driven negligently by its driver, came there speedily and dashed the husband of the claimant who received injuries on his head and being unconscious he fell down. As the bus was in high speed, as such it became out of control and fell down in a ditch. However, the driver managed to escape. After the accident the husband of the claimant was removed to Teghra Hospital for treatment. On getting information about the accident, the police reached Teghra Hospital but as the husband of the claimant was not in a position to give statement, as such the police recorded the statement of one Ram Bahadur Singh, son of Late Ladu Lal Singh of village Madhurapur Bichala Tola, District Begusarai and on that basis the police instituted Teghra P.S. Case No. 142/94 under Sections 279 and 337 of the Indian Penal Code and thereafter the police submitted chargesheet (Ext.3) against the driver of the vehicle under Sections 279 and 337 of the Indian Penal Code. As per Ext. 3, further case of the claimant is that during treatment, her deceased husband remained unconscious and as such, Dr. A.K. Gupta referred him to the clinic of Dr. Ramashray Singh of Begusarai where on 4.9.1994 he died. It is said that the accident in which the informant's husband died, took place due to rash and negligent driving of the driver of Tata 407 bearing registration No. BR 33/1361. It is further said that at the time of death, the deceased was aged about 50 years and his monthly income was Rs. 5000/-, as such the appellant being the widow of the deceased claimed a sum of Rs. 2,00,000/- as compensation on account of his death. On the basis of the claim application filed by the appellant; M.V.A. Claim Case No. 19 of 1995 was registered' before the court of the Motor Vehicle Accident Claims Tribunal, Begusarai and in the said case, respondent No. 1 National Insurance Company, Begusarai appeared before the Tribunal as the vehicle in question was insured with the said Company. THE respondent No. 1 contested the claim by filing written statement. However, the owner of the vehicle, namely, Shobhit Sah did not contest the claim.

(3.) FROM perusal of the impugned judgment passed by the M.V. Accident Claims Tribunal, it appears that the Tribunal came to the conclusion that the claimant has Page 0533 failed to prove that deceased Ram Charitar Singh had died in a road accident involving the vehicle in question. The Tribunal also came to the conclusion that from the evidence of P.Ws. 1, 2, 4 and 5 it does not stand proved that the accident in which the deceased Ram Charitar Singh had sustained injuries was caused due to rash and negligent driving of the driver of the vehicle and so the Tribunal arrived at the finding that the claimant is not entitled to get any compensation and dismissed the claim.