KALYAN DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant appeal has been filed on behalf of the appellants challenging the order dt. 14.10.1996 passed by the learned Additional District & Sessions Judge, No. 3, Jodhpur in Civil Original Suit No. 33/1991, whereby, the learned trial Court returned the suit to the appellants for being filed before before the Motor Accident Claims Tribunal. Briefly stated the facts necessary for the disposal of this appeal are that three persons namely Manoj Kumar Joshi, Shyam Bhattad and Hasan were traveling on a scooter bearing registration No. RJ -19 -5940 from Jodhpur to Pali. At about 8 O'clock in the evening, whilst they were crossing the road bridge constructed on the Luni river, they collided with a toll barrier resulting into the death of all three of them.

(2.) THE legal heirs of the deceased Manoj Kumar Joshi filed a suit in the Court of the learned Addl. Distt. & Sessions Judge, No. 3, Jodhpur under the Fatal Accidents Act, 1855 claiming compensation to the tune of Rs. 45,76,000/ - against the State Government, the Distt. Executive Engineer, PWD (B & R) Division II, Jodhpur, M/s. Madan Lal Loonker, the operator of the toll booth and Bhaley Khan, the employee of the toll booth operator.

(3.) THE trial Court whilst exercising powers under Order 7 Rule 10 CPC directed the suit to be returned back to the appellants for being filed before the Motor Accident Claims Tribunal. Hence this appeal.