SOMA DEVI Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This Civil First Miscellaneous Appeal is directed against the judgment-award dated 29th of August' 2008 passed by the Motor Accident Claims Tribunal, Reasi (for short M.A.C.T) in a claim petition titled Soma Devi Vs. New India Assurance Company Limited & others, whereby and where under the claim petition of the appellant came to be dismissed (for short impugned judgment), on the grounds taken in the appeal.

(2.) The claimant-appellant has averred in the claim petition that a grenade was planted by some anti-national elements in the bus bearing registration no. JK02P- 3881, which was coming from Katra to Reasi, but before it could reach Reasi a blast took place in the bus at Baradari-Reasi in which number of passengers including the husband of the appellant, namely, Dhananter Singh sustained injuries and later on succumbed to same. Appellant was as such, constrained to file the claim petition before the Tribunal at Reasi.

(3.) The claimant-appellant examined two witnesses. Respondents i.e., insurer, insured and the driver have not examined any witness in rebuttal. Thus the evidence led by the appellant has remained un-rebutted, but unfortunately, the Tribunal without marshalling out the evidence, dismissed the claim petition on the ground that the driver of the offending vehicle has not committed any negligence or carelessness and held that the petition was not maintainable.