SEEMA AND ORS. Vs. MOHD. ALI AND ORS.

JUDGEMENT

(1.) FEELING aggrieved by the judgment and order dated 30.10.1999 passed by the Judge, Motor Accident Claims Tribunal, Tonk in M.A.C. Case No. 31/1998 whereby the learned Tribunal has dismissed the claim petition filed by the appellants, the appellants have filed this Civil Misc. Appeal under Section 173 of the Motor Vehicle Act, 1988 (hereinafter to be referred as "the Act").

(2.) BRIEF relevant facts for the disposal of this appeal are that the appellants filed the aforesaid claim petition under Section 166 of the Act claiming a sum of Rs. 31,59,000/ - as compensation on account of death of Shri Tarachand with the averments that on 4.5.1998 in the evening at about 4.00 p.m. when the deceased -Shri Tarachand was coming towards his village on his scooter, in the way near Janmangal Public Chareatable Trust, a Motorcycle bearing registration No. RJ -26 -M1 -3213, which was being driven by respondent -Shri Mohd. Ali rashly and negligently, hit the scooter of the deceased as a result of which deceased sustained several injuries and he was taken to SMS Hospital, Jaipur for treatment, but on the same day he died as a result of the injuries sustained by him. Claiming that the age of the deceased was 30 years at the time of the accident and he was earning Rs. 5,000/ - per month as a mechanic and by agriculture, an amount of Rs. 31,59,000/ - was claimed as compensation under various heads. Respondent -Shri Mohd. Ali filed written reply with the averment that no accident was occurred on 4.5.1998 by his aforesaid vehicle and the allegation made in the petition are totally false. The correctness of the income earned by the deceased was also disputed and it was further stated that the appellant -claimants are not entitled to get any compensation. The respondent -Insurance Company also filed written statement denying the facts stated in the claim petition and it was further stated that as per medical report the deceased sustained injuries due to fall from the roof. It was also stated that a false story of motor accident has been put -forward by the claimants merely for the purpose of claiming compensation. On the basis of pleadings of the parties, necessary issues were framed by the learned Tribunal and the question of accident due to involvement of the aforesaid motorcycle allegedly driven by the respondent -Shri Mohd. Ali rashly and negligently was dealt with by the learned Tribunal under Issue No. 1 and on the basis of the pleadings and evidence available on record, it came to a definite conclusion that the death of Shri Tarachand was not as a result of a motor accident, but he sustained injuries by falling from the roof of his house. With this finding, the claim petition filed by the claimant -appellants was dismissed. In support of the appeal, learned counsel for the appellants raised the following grounds: - -

(3.) IT was prayed on behalf of the appellants that the finding of the Tribunal may be set aside and reversed and the matter be remanded back to the Tribunal to consider and decide the remaining issues.