LAXMA DEVI Vs. CHANDAN SINGH

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and award dated 12th August, 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 on 21st July, 2003, at about 8-9 PM, one Mini Bus bearing registration no. RJ 05 3158 went out of order and stopped in front of the shop of Raju. The driver and the conductor of the said Mini Bus endeavoured their best to start the vehicle, but their all efforts went in vain. In the meantime, another Mini Bus bearing registration no. RJ 14 P 3765 being driven by its driver suddenly appeared there and the driver of the stilled bus requested the driver of bus no. 3765 to assist him in getting the Mini Bus started. It is relevant to point out that the driver of the stilled bus no. 3158 was Heera Lal Bairwa. It is alleged that Heera Lal Bairwa was standing at the back of the still Mini Bus and the driver of Bus No. RJ 14 P 3765 pushed stilled Mini Bus from its back and Heera Lal Bairwa came in the middle of both these buses, got sandwiched and sustained injuries on his head and chest and ultimately succumbed to injuries during his treatment.

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