RASHI & ORS Vs. JAGDISH SINGH & ORS

JUDGEMENT

(1.) Since both the aforesaid two appeals have arisen out of and pertain to one judgment dated 12th March, 2003, whereby both the claim petitions have been dismissed by the Motor Accident Claims Tribunal, Baran, they have been heard together and are being disposed of by this common judgment.

(2.) The background facts of the case, in nutshell, are that on 19th February, 1998, Pradeep Sharma @ Pappu and Narayan Singh @ Bachla along with other companions were coming from Bundi to Baran by a Jeep bearing Registration No. RPM 7621 after attending a meeting. It is alleged that the Jeep was being driven by the driver Jagdish Singh. It is further alleged that the driver of the Jeep drove it rashly and negligently and dashed against a tree, with the result that Jeep capsized resulting into the death of Pradeep Sharma @ Pappu on the spot and registered owner of the Jeep Narayan Singh @ Bachla died on the way to Hospital. Both the appellants filed claim petitions before the Motor Accident Claims Tribunal, Baran and the Judge of the Tribunal, after completion of the trial of the claim petitions dismissed them on the ground that it was not proved that the Jeep was being driven by Jagdish Singh and it was not further proved that the accident took place because of the negligent and rash driving of its driver. Hence, these appeals.

(3.) None is present for the respondents, hence, heard the learned counsel for the appellants and carefully perused the relevant material on record including the impugned judgment.