ATAR SINGH Vs. MANOHAR SINGH

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE claimant -appellants have filed this civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act") against the judgment and award dated 30.6.2001 passed by the Judge, Motor Accident Claims Tribunal (Special Judge, Dacoity Affected Area), Bharatpur (hereinafter referred to as the "Tribunal") in MAC Case No. 208/1995 mainly on the ground that the learned Tribunal has wrongly exonerated the respondent -Insurance Company from its liability to make payment of the amount of compensation as awarded by the Tribunal.

(3.) ASSAILING the findings of the Tribunal under the aforesaid issue, learned counsel for the appellants submitted that although in the claim petition no averment was made to the effect that the deceased was traveling in the aforesaid vehicle alongwith her goods i.e. vegetables as owner of the same, but during trial reliable evidence was produced on behalf of the appellants showing that the deceased was traveling in the vehicle involved and was going from one place to another carrying vegetables with her to sell the same. It was further submitted that no evidence was produced in rebuttal on behalf of the respondent -Insurance Company showing that the deceased was traveling in the vehicle only as a passenger after paying fare for it. It was also submitted that in a claim petition filed under the provisions of Motor Vehicles Act, the relevant facts are required to be proved to the extent of probability only and, therefore, in the present case even if it was not pleaded in the claim petition that the deceased was traveling alongwith her goods, the evidence produced before the Tribunal could not have been discarded.