KAILASH KUNWAR Vs. NAWAL SINGH

JUDGEMENT

(1.) The instant misc. appeal, seeking enhancement and setting aside the finding with respect to contributory negligence, has been preferred by the appellants/claimants under Sec. 173 of the Motor Vehicles Act, 1988(hereinafter as 'the Act') against the judgment and award dtd. 5/12/2016 passed by MACT, Rajsamand in MACT Case no. 65/2016.

(2.) Briefly stated, facts of the case are that on 19/10/2015 Mr. Jabbar Singh(hereinafter as 'the deceased'), was going from Gomti to Kelwa(i.e., N.H.-8, which is a four lane road) on the motorcycle bearing registration no. RJ30 SH 9217(hereinafter as)and as he reached(from North to South direction) near Devpura Cut on N.H.-8, one Nawal Singh (hereinafter as 'Respondent No. 1/rider'), came, on the motorcycle bearing registration no. RJ30 SL 0252(hereinafter as 'the offending vehicle'), from the direction of intersection (which goes to village Devpura), and while trying to cross the road(From East to West direction) dashed into the deceased's motorcycle. As a result of the accident the deceased died during the course of treatment. On the written complaint of one Nirbhay Singh(a worker at Chouhan Filling Station, Miyari) the FIR no. 174/2015 was registered at Police Station, Kelwa and after investigation the chargesheet(Ex.-5) was filed against the respondent no. 1/rider. Subsequently, the claim petition no. 65/2016 was filed by the appellants/claimants before MACT, Rajsamand(hereinafter as 'the tribunal') claiming compensation from the respondents.

(3.) The notice of the claim petition were served on both the respondent no. 1/rider and respondent no. 2/owner. However, as they were no present before the learned tribunal even after the service of the notices, ex-parte proceedings were initiated against them.