GHISI BAI Vs. HEMANT KUMAR

JUDGEMENT

(1.) Instant appeal has been preferred by the appellant-claimant against the impugned judgment dtd. 29/1/2016 passed by the Court of Motor Accident Claims Tribunal, Baran (for short 'the tribunal') by which the claim petition filed by the claimantappellant under Sec. 163A of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') was rejected.

(2.) Learned counsel for the claimant submits that the son of the appellant was going on a motorcycle bearing NO.RJ-20-SH-4658 and he met with an accident on 6/5/2010. He submits that the accident has occurred due to negligent driving of the driver of the offending vehicle and the Tribunal has rejected the claim petition only on a technical ground that the deceased himself was driving the vehicle, so, the claim petition was not maintainable under Sec. 163A of the Act of 1988.

(3.) Counsel further submits that the said finding of the Tribunal is erroneous and is liable to be quashed by this Court.