BARJA KANWAR & ORS Vs. RAMNIWAS & ORS

JUDGEMENT

(1.) This appeal is preferred against the Judgment and award dated 21/09/2005 passed by the Motor Accident Claims Tribunal and Additional District Judge (for short 'the Tribunal'), Kekri, District Ajmer whereby, the Tribunal has partly allowed the Claim Petition filed by the appellants.

(2.) Brief facts giving rise to this appeal are that on 13/04/2004 when deceased Bhagwan Singh was traveling from village pander District Bhilwara to village Kekri, District Ajmer, by bus bearing No. MP-14H-0111. He was forced to sit on the roof of the bus during journey. The driver of the bus rashly and negligently drove the bus and an accident took place and deceased Bhagwan Singh fell down from the roof of the bus and succumbed to injuries after 2-3 days of the accident.

(3.) The respondent Nos. 1 to 3 resisted the claim by filing a reply wherein they denied the averments made by the claimants but accepted the fact of insurance cover, ownership and driving of the vehicle by the respondent at the time of accident. The respondent No. 4-Insurance Company has also filed a separate reply wherein it denied the allegations made in the claim and alleged that deceased himself was negligent.