RAM CHANDRA Vs. NIZAMUDDIN

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 15.3.2007 passed by Motor Accident Claims Tribunal, Jhunjhunu ('the Tribunal'), whereby a sum of Rs. 89,500/- alonghwith interest has been awarded to the claimant for the death of his wife.

(2.) The facts, in brief, may be notice that an application for compensation was filed with the averments that one Smt. Manni Devi, aged about 50 years, was walking on the road when appellant while driving Scooter No.RJ-18-1M- 2084 collided with her on 7.5.2004. She received injuries and was admitted in hospital where she remained till 12.5.2004 when on account of the injuries suffered by her, she expired. It was claimed that Smt. Manni Devi was aged 50 years and by manual work she used to earn Rs. 5,000/-.

(3.) A reply was filed by the appellant non-claimant disputing the averments made in the claim application. The Tribunal framed four issues and after hearing the parties came to the conclusion that deceased Smt. Manni Devi died on account of injuries suffered by her and awarded a sum of Rs. 89,500/- as compensation. It is submitted by learned counsel for the appellant that the findings recorded by the Tribunal on the issue relating to involvement of the vehicle i.e. Scooter is ex-facie incorrect and from the material available on record, it is apparent that the claimant has failed to discharge the burden on the said issue and, therefore, the award impugned deserves to be quashed and set-aside.