RAJANTI Vs. NIHAL SINGH

JUDGEMENT

(1.) This civil misc. appeal has been preferred against the award dated 3.4.1997 passed in Claim Case No. 57 of 1994 by Motor Accidents Claims Tribunal, Hindaun City, whereby the claim of the claimants filed by the widow and the minor daughters of the deceased Lohare had been dismissed.

(2.) A claim application was filed by the appellants for compensation because of loss sustained by the appellants on the death of Lohare Ram in the accident having taken place on 1.7.1994 near Hadoli when he was crushed by bus No, RJU 5691 driven by Nihal Singh. The deceased was removed to the hospital, but died after few hours of admission. F.I.R. was lodged at Police Station, Suroth. The bus owner was Abid AH. The bus was insured with respondent No. 3. A challan/charge-sheet was also filed by the police against the driver under sections 279 and 337 of the Indian Penal Code. The deceased was 40 years of age.

(3.) Issues in regard to accident, negligence and compensation and also of the driving licence were framed. The driver did not appear, he was proceeded ex pane. However, later on he was allowed to appear on the application of respondent No. 2 and the opportunity of filing of written statement was also given, but subsequently he absented.