JANWARI LAL Vs. MANGALSINGH

JUDGEMENT

(1.) This Civil Misc. Appeal has been filed by the appellantsclaimants (for short, 'the claimants') against the judgment dtd. 11/2/2019 passed by the Motor Accident Claims Tribunal, Beawar (for short, 'the Tribunal'), whereby the Tribunal has dismissed the claim petition filed by the claimants.

(2.) Facts of the case are that the claimants filed a claim petition before the Tribunal, wherein it was averred that on 18/5/2014 deceased Suresh Kumar Bhati was returning from Laadpura to Beawar with Tempo No. RJ 36 GA 2487 after unloading the canteen's goods in Laadpura. In the said Tempo, labours Jitendra @ Munna and Nauratmal Luhar R/o Peepliya Kalan were also sitting. On Ajmer Beawar road, repairing work was going on therefore, one side of the six lane road was blocked and flow of vehicles was stopped. Due to this, driver Suresh Kumar Bhati was driving the Tempo on his left side on six lane of NH 8 from Beawar to Ajmer carefully and with normal speed. It was also pleaded that above Kesarpura Bridge at about 5.30 PM, the driver of Trailer No. RJ 01 GA 3662 was driving it rashly and negligently on the wrong side of road and he hit the Tempo going at its right side, because of which Tempo got damaged and Tempo Driver Suresh and the labourers Jitendra @ Munna and Nauratmal Luhar sitting inside the Tempo died and Trailer driver fled from the spot. Subsequently, FIR No. 91/2014 was lodged at Police Station Mangliyawas for the offence under Ss. 279 and 304A IPC and Ss. 134/187 IPC. After investigation, the police submitted the negative final report.

(3.) The claimants filed a claim petition before the Tribunal claiming compensation due to the death of Nauratmal, which came to be dismissed by the Tribunal vide its judgment dtd. 11/2/2019. Hence, this Civil Misc. Appeal has been filed. Learned counsel for the claimants submits that the deceased Nauratmal was sitting in the Tempo. He further submits that repairing work was going on, therefore, one side of six lane road was closed and all the traffic was diverted on the other side. However, the learned Tribunal has utterly failed to consider this aspect of the matter and dismissed the claim petition in a mechanical manner. On this count, the impugned judgment is liable to be quashed and set-aside.