BIMLA DEVI Vs. SRIRAM VERMA

JUDGEMENT

(1.) THIS appeal has been filed against the Award dt. 11.8.2010 passed by Judge, Motor Accident Claims Tribunal, Srimadhopur, Distt. Sikar (in short MACT), in MACT Case No. 30/2005 whereby claim petition of the claimants was rejected. The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.

(2.) MR . Harsh Saini, learned counsel for the claimant appellants submitted that the MACT has rejected the claim of the claimants inspite of the fact that the brother or the deceased Sriram Verma plying the vehicle and on account of which Hari Narain died after receiving injuries and admitted in the Hospital. Thus, the claim petition of the claimants was to be allowed but the MACT has not considered the evidence produced by the claimants.

(3.) I have considered the arguments raised by the learned counsel for the parties. Admittedly Sri Ram Verma, who has stated in his statement before the MACT that he was driving the Jeep, but in his statement before the criminal he has stated that the Jeep was being driven by Hari Narain and he was not having any licence to drive the vehicle. In these circumstances the MACT after considering the judgments cited by the learned counsel for the claimants before the MACT, rejected the claim petition. I have gone through the findings of the MACT and the findings are correct on the basis of the statement given by Sri Ram Verma, who is claiming to be driver in the claim petition only stated before the Criminal Court that the Jeep was being driven by his brother Hari Narain.