SITA Vs. BHAG CHAND

JUDGEMENT

(1.) This civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against the award dated 22nd November, 2007, passed by the learned Tribunal, Kekri in claim petition No. 42/05 whereby the claim petition filed by the claimants-appellants has been dismissed.

(2.) Brief facts of the case are that on 6th January, 1995 respondent No. 1, Bhag Chand was driving the motor cycle No. RJ 01 15M 3899 and Mahaveer (deceased) was a pillion rider and were going to their agriculture field from village Sarwar. At about 11.50 (a.m) one k.m. ahead of Sarwar at the turn of Pulia (bridge) the motorcycle lost control and it hit a stone due to which they fell down alongwith the motorcycle and got injured. They were referred to the hospital at Ajmer where Mahaveer died due to the injuries received by him. An F.I.R. to this effect was lodged with the Police Station Sarwar under Section 279 and 304 I.P.C.

(3.) Thereafter, a claim petition was filed before the learned Tribunal Notices were issued. Reply was filed. Issues were framed and evidence were submitted by the parties. After hearing the parties and scrutinizing the evidence, the learned Tribunal had passed the aforesaid award. Aggrieved and dis-satisfied with the aforesaid award dated 22nd November, 2007, the civil misc appeal is preferred.