HARVEER KAUR Vs. MEWA RAM

JUDGEMENT

(1.) Instant appeal has been preferred by the claimants/appellants against the impugned judgment and award dtd. 7/3/2002 passed by Motor Accident Claims Tribunal, Jaipur District, Jaipur in MAC No. 388/1998 by which the claim petition filed by the claimants-appellants has been dismissed.

(2.) Counsel for the appellant submits that a claim petition was submitted by the claimants before the Tribunal stating that deceased Avatar Singh was driving vehicle cantor No. HNA-8680. When he reached about one and a half kilometer ahead of Dantri, accident occurred due to parking of a truck No. RJ-14-9972 on the road without parking lights and without showing any signals on the road. It was also stated in the petition that in absence of the precautions taken by the driver of aforesaid vehicle, the accident occurred, due to which Avatar Singh received injuries, which resulted into his death.

(3.) In spite of service of notice the driver did not appear before the Tribunal, hence, ex parte proceedings were initiated against him and despite service of notice, no reply was submitted by the respondent No. 2 and hence his opportunity of filing the reply was closed. The Insurance Company submitted its reply and denied the averments made in the claim petition, wherein it was mentioned that on the date of accident, the driver was not having any valid license, hence, the Insurance Company is not liable to make payment of compensation. A plea was also taken by the Insurance Company that no information was given about the accident, hence, there was breach of terms and conditions of the policy. On the basis of the pleadings of the parties, the Tribunal framed as many as 5 issues. Thereafter, evidence of claimants and other witnesses were recorded before the Tribunal. While deciding issue No. 1, the Tribunal recorded the finding that the accident occurred because of the negligent driving of the deceased himself and accordingly the claim petition was dismissed.