PRAKASH CHAND GOSWAMI Vs. SHYAM KUMAR SAIN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and award dated 27th July, 2005 whereby the learned Additional District Judge (Fast Track) No. 8, Jaipur City, Jaipur (Motor Accident Claims Tribunal) dismissed the claim petition filed by the appellant claimants against the respondents.

(2.) HAVING considered the arguments advanced by learned counsel for the parties and carefully scanned the impugned award, it is noticed that the learned Tribunal dismissed the claim petition of the claimants-appellants observing that neither the name of AW/2 Aadesh Giri was found to have been mentioned in the list of the passengers sitting in the Jeep nor he was found to have submitted any injury report with regard to the injuries sustained by him in the alleged accident. The learned Tribunal also observed that the Report was lodged by Vivek Giri who was the nephew of the deceased Urmila Devi. In the said report negligence of the Jeep driver was not found to have been mentioned. The learned Tribunal also noticed that the co-passengers sitting in the Jeep along with deceased Urmila Devi were not put to examination. Had the co-passengers been put to an examination, the fact of negligence of the Jeep driver could have come on record. Further the Investigating Officer of the case submitted the Final Report on account of accident been caused by an unknown vehicle. Had there been a negligence of the Jeep driver, a charge-sheet would have been filed against him.

(3.) BOTH the parties are directed to appear before the concerned Tribunal on 5th March, 2012.