MOHINI DEVI Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 17.3.1999 passed by the Motor Accident Claims Tribunal, Jaisalmer, (hereinafter referred to as 'the Tribunal') whereby the Tribunal dismissed the claim petition filed by appellant claimants (for short 'the claimants') under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act').

(2.) BRIEFLY stated facts to the extent they are relevant and necessary for decision of this appeal are that on 16.5.1997 at about 7.00 P.M. deceased Gordhanram was travelling in Jeep No. RJ -19 C 7127 from Nokha to Bheekhampur. The said jeep was driven by respondent No. 1 Rajendra Kumar, owned by respondent No. 2 Ramesh Chandra and was insured with respondent No. 3 the New India Assurance Company Ltd. (for short 'the Insurance Company'). Due to rash and negligent driving of the jeep by its driver respondent No. 1 Rajendra Kumar, the said jeep turned turtle and Gordhanram occupant of jeep fell down and was dragged by the jeep for 10 feet. Gordhanram succumbed to the injuries instantaneously. The claimants mother and brothers of the deceased filed a claim petition for compensation. At the relevant time of the accident, deceased Gordhanram was 22 years of age and was lobourer. Before the Tribunal the claimants produced AW -1 Mohini Devi mother of the deceased, AW -2 Babu Ram and AW -3 Gulam Khan, both eye witnesses of the occurrence, AW -4 Bheekha Ram brother of the deceased and AW -5 Dr. Rajendra Kumar who conducted autopsy of the deceased and prepared post -mortem report Exhibit -7. In rebuttal, DW -1 Rajendra Kumar driver of the jeep and PW -2 Suresh Chandra Pathak employee of the Insurance Company were examined.

(3.) IT is contended by learned counsel for the appellants that the Tribunal fell in error in deciding issue No. 1 by which the driver of the said jeep was not held negligent.