MEDHAWATI & ORS. Vs. GULAB KHAN & ORS.

JUDGEMENT

(1.) This misc. appeal has been preferred by the claimants against the order of Motor Accident Claims Tribunal, in case No. 25/96. The appellants are the widow, sons and mother of deceased of Swaroop Narain Pareek. The deceased Swaroop Narain Pareek had died on 28.3.1995 when the car in which he was travelling along with other persons had met an accident with a trolla No. RJ 01 G-1635, causing the death of Smt. Premlata Khandelwal, wife of Shri Sitaram, Rajaram Khandelwal S/o Sitaram and the present deceased involved in the present appeal Swaroop Narain. The trolla was insured by the Oriental Insurance Company, respondent No. 3. The deceased was aged 50 years and was working as Assistant in the secretariat FIR was recorded in the Police Station Kishangarh District Ajmer being FIR No. 79/95. The owner and the driver of the trolla were proceeded ex parte.

(2.) On the evidence produced by the claimants of the witnesses Krishna Kumar PW-1, Smt. Alka Khandelwal PW-2, Medhawati PW-3, Ram Narain Gurjar PW-4, and Rishikesh PW-5 and relying on as many as documents, the Tribunal had reached the conclusion that Trolla RJ 01-G-1635 coming from Kishangarh had struck the Ambassador car No. RSB 5787 negligently and rashly. The Tribunal had believed the independent eye-witness who belonged to the nearby village where the accident had occurred.

(3.) The objection raised by the insurance company in issue No. 3 were not pressed by the insurer.