DAL CHAND Vs. MANDOVI MOTORS AND ANOTHER

JUDGEMENT

(1.) These appeals are directed the judgment and award dated 1.9.1997 passed by Motor Accident claims Tribunal, Udaipur, ('the Tribunal') whereby, the applications for compensation ('the applications') filed by the claimants have been dismissed.

(2.) Brief facts may be noticed thus : one Narendra Prasad, Rameshwarlal and Dal Chand, all three of them travelling on one Scooter from Udaipur to Kailashpur on 28.3.1993, claimed to have met with an accident with a Maruti Carrier Truck bearing registration No. KA-19-2900, which resulted in death of Narendra Prasad and Rameshwar lal and injuries to Dal Chand, three claims petitions were filed and the same were opposed by the owner, driver and insurer of the said Carrier Truck. It was, inter alia, contended that the vehicle was not involved and in any cased looking to the terrain whete the truck rashly and negligently.

(3.) The Tribunal consolidated all the three applications and evidence was recorded, whereby, seven witnesses including Jagdish Chandra and Dal Chand were examined by the claimants and driver was examined on behalf of the respondents. The Tribunal, after the evidence was led by the parties, came to the conclusion that the Truck in question was not involved and the deceased and claimant were negligent and, therefore, decided the issue regarding involvement/negligence against the claimants and dismissed the applications.