KASANA RAM Vs. HINDU SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and award dtd. 23/1/2004 passed by the Motor Accident Claims Tribunal, Bhinmal, District Jalore (hereinafter referred to as 'the Tribunal'), whereby the Tribunal has dismissed the claim petition filed by the appellant-claimant.

(2.) The claimant filed the claim petition through his natural guardian, uncle Shri Bhava with the averments that on 24/4/2002, respondent No. 1 - Hindu Singh, while driving the L.P. Truck, bearing registration No. GRN-5674 rashly and negligently hit his mother, Smt. Gigi, which resulted in grievous injuries to her and during the treatment, she died; an FIR was registered at the Police Station Chitalvana, in which, after investigation, a challan against respondent No. 1 - Hindu Singh was filed for the offences punishable under Ss. 279 and 304- A IPC. Based on the averments, a compensation of Rs.6,65,000.00 was claimed.

(3.) A reply to the claim petition was filed by respondent No. 1 - Hindu Singh, denying all the averments made in the claim petition; it was stated that the fact of adoption of appellant Kasana Ram by the deceased is not proved and, as such, he is not entitled to get any compensation.