RAMKISHAN RAIGAR Vs. MUKESH RAIGAR

JUDGEMENT

(1.) Instant civil misc. appeal has been filed by the appellants-claimants under Sec. 173 of the Motor Vehicles Act, 1988 (in short 'the Act of 1988') challenging the judgment/award dtd. 9/9/2019, passed by the Court of learned Judge, Motor Accident Claims Tribunal, No.1, Bundi (Rajasthan) (hereinafter to be referred to as 'the Claims Tribunal') in Motor Accident Claim No.293/2018 C.I.S. No.293/2018, whereby the aforesaid claim petition filed by them was dismissed.

(2.) The brief facts of the case are that the present appellants-claimants filed a claim petition before the Claims Tribunal stating therein that on 4/3/2018, their mother-Dhapu Bai was standing on the left side of a road, waiting for a mode of conveyance to travel some place else. Around that time, the driver of the car bearing registration no.RJ-08-CA-1008, in a rash and negligent manner hit their mother due to which she sustained grievous injuries on her head and on different parts of her body, which resulted into her death.

(3.) After issuance of notice by the Claims Tribunal, the non-claimant No.1- Mukesh Raigar-who is the registered owner and driver of the offending vehicle filed a written statement of denial.