SONA AND ORS Vs. MAHAVEER AND ORS

JUDGEMENT

(1.) The instant civil misc. appeal has been filed by the claimants-appellants under Section 173 of the Motor Vehicles Act against the impugned order dated 1.8.2005 passed by the MACT (Fast Track), Kotputli, District, Jaipur in claim case No.221/2005 (258/2003), whereby the Tribunal has rejected the claim petition filed by the claimants.

(2.) The brief facts as emerging on the face of record are that a claim petition came to be filed by the claimants before the Tribunal under Section 166 of the M.V. Act stating therein that on 20.2.2003 when deceased Rajpal was going on Scooter from his village Mokhuta to Rampura and when he reached near to Jhamas Mod at about 4:20 in the afternoon, at that time, a Jeep bearing No. R.J. 32 C 0258 came with high speed and in a rash and negligent manner hit the scooter due to which Rajpal fell down and received grievous injuries and died on the spot. It was alleged that the accident happened on account of rash and negligent driving of the driver of the Jeep. In respect of this incident, an FIR bearing No. 39/2003 was registered for offence under Sections 279, 337, 304-A IPC at Police Station, Patan and after investigation challan was filed against non-petitioner No.1 Mahaveer (driver). However, the Tribunal mainly on the basis that the person, who was sitting on the scooter along with the deceased had not been produced and, therefore, on account of this factum disbelieved the version and proceeded to reject the claim petition.

(3.) Learned counsel for the appellants submits that FIR was lodged on the same day on the basis of Paracha Bayan of injured Amilal S/o Sardara Ram, who was admitted in the hospital for treatment in which he stated that on 20.2.2003, along with his relatives Suresh S/o Chandaram and deceased Rajpal on his scooter were going from village Mokhuta to his maternal place Rampura and at about 4:20 p.m. when they reached Jhamas Mod, at that time Jeep bearing No. R.J.32 C C 0258 came with high speed and was being driven rashly and negligently hit the scooter due to which all the three persons, who were on scooter fell down and received various injuries. He has also given the Jeep number in the FIR. Subsequently, after investigation challan was filed and it is stated by the counsel for the appellants that the trial is still going on. Statements of two persons namely wife of the deceased and one Sanjay Kumar have been recorded. However, the Tribunal without any reason and mainly because witnesses Amilal and Suresh Chand were not produced, has disbelieved the version of the claimants and rejected the claim petition, which is unjustified. He relied upon the judgment rendered by the Hon'ble Apex Court in the case of Dulcina Fernandes & Ors. vs. Joaquim Xavier Cruz & Anr. reported in (2013) 2 CCR 1088 (SC) and submitted that the accident did happen and the wife of the deceased and so also the appellants are illiterate persons and were not aware of the legal niceties and, therefore, have not been able to properly defend their case. He further contended that the evidence available on record has not been correctly appreciated by the Tribunal and, therefore, matter deserves to be remitted back to the Tribunal for deciding the same afresh on merits.