CHANDRA KANTA VERMA Vs. K.S.CARS LTD

JUDGEMENT

(1.) This civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988 is preferred against the judgment and award dated 15th March, 2000 passed by the learned Tribunal in M.A.C. No. 308/99 whereby claim petition has been dismissed. Brief facts of the case are that on 12th October, 1998, deceased Ramesh Chandra Verma alongwith two employees of the company in his company car were going to Udaipur from Jaipur and when they reached 15 km. ahead of Nasirabad, to save a cyclist the car overturned due to jam of break due to which Ramesh Chandra Verma died while carrying to the hospital.

(2.) Thereafter, a claim petition was filed by the appellants claimants who are the legal representative of the deceased before the learned Tribunal. Notices were issued. Reply was filed on behalf of the Insurance Company. After scrutinizing the evidence the award was passed. Aggrieved and dissatisfied with the award dated 5th March, 2000 this civil misc. appeal is preferred.

(3.) Learned Counsel appearing for the appellants claimants has contended that the learned Tribunal while passing the order dated 15th March, 2000 has not considered the statement of AW-2 Sita Ram @ Sanjay while deciding issue Nos. 1 to 3 who has categorically stated that the accident occurred due to jam of break of car and for which a complaint was also made with the respondent No. 1 but neither he was confronted on this aspect during his cross-examination nor he was suggested that the accident did not occur due to mechanical defect in the car. For that purpose he has placed reliance upon the judgment of High Court of Kerala rendered in the case "Oriental Fire & Genl. Ins. Co. Ltd. and another v. PP Mistri and others, 1993 ACJ 25" , and a judgment of this Court rendered in the case "Smt. Gayatri Devi and another v. Ramesh Chand and others., 1999 2 TAC 235 "