SANGEETA Vs. RAMAKISHAN

JUDGEMENT

(1.) The present civil misc. appeal under Sec. 173 of Motor Vehicle Act has been filed by the appellants against the judgment and award dtd. 4/3/2021 passed by the Motor Accident Claims Tribunal No.1, Jodhpur (Raj.) in Motor Accident Claim Petition No. 206/2017 whereby the learned Tribunal has rejected the claim petition preferred by the appellants i.e. the claimants under Sec. 166 of Motor Vehicle Act, 1988.

(2.) The unfortunate road accident happened on 1/11/2016 at about 11:00 A.M. when Hetaram @ Hetram (since deceased) was going to Hamir Phata Bus Stand on foot. A Bolero bearing registration No.RJ19-GC-5272 came around and hit Hetaram @ Hetram from behind and as a result whereof he suffered grievous injuries and died during the course of treatment.

(3.) Learned counsel for the appellants submitted that the claim preferred by the appellants was dismissed by the learned Tribunal in ignorance of the FIR, statements of the eye witnesses and other material produced before the learned Tribunal and mainly on the ground that the FIR was lodged after a delay of about one month; the proceedings under Sec. 133 and 134 of the MV Act were conducted on the very same day; deceased and the driver of the offending vehicle belong to the same caste and were residents of the same Tehsil etc. Learned counsel further submitted that the impugned judgment has been passed in ignorance of the facts and law applicable in the case and only on the basis of suspicion, without there being any foundation for the same. It was thus urged that the impugned judgment and award dtd. 4/3/2021 be set aside and the respondents may be directed to pay the compensation to the appellants - claimants. In support of his arguments, learned counsel for the appellants has placed reliance on the following judgments: