PHENA DEVI Vs. MUKESH

JUDGEMENT

(1.) This misc. appeal under Sec. 173 of the Motor Vehicle Act, 1988 ('MV Act') has been filed by the appellants/claimants assailing the award and judgment passed by the Motor Accident Claims Tribunal, Pali ('Tribunal') vide order dtd. 11/4/2017 in MAC Case No. 191/2015 whereby the learned Tribunal has rejected the claim filed by the appellants/claimants under Sec. 163A of the MV Act.

(2.) Briefly stated, the facts of the case are that the appellant was an employee of respondent no. 1 and while complying with instructions given by the employer on 19/3/2015, was going on a motor cycle with the no. RJ-22-SW-7210, when his motorcycle slipped and he sustained head injury leading to his death on 20/3/2015. Thereafter, the appellant filed a claim petition before the learned Tribunal and in response, respondent no. 1 and 2 filed their reply. On behalf of the appellants, AW 1, Phena Devi, wife of the deceased appeared in evidence and her statements were recorded on behalf of the non-claimants NAW 1, Mr. Rajiv Jain and NAW 2, Mr. Mukesh appeared in evidence and their statements were recorded.

(3.) After hearing the parties, learned Tribunal framed four issues including: <IMG>JUDGEMENT_180_LAWS(RAJ)7_2024_1.jpg</IMG>