RAM CHANDRA Vs. RAJASTHAN STATE ROAD TRANS

JUDGEMENT

(1.) THESE two appeals arise out of the judgment/award dated 14.1.1987 passed by the Judge, Motor Accidents Claims Tribunal, Jalore, by which the learned Judge of the Tribunal dismissed both the claim petitions filed by the appellants -claimants on the ground that the Tribunal has no jurisdiction to adjudicate the claims.

(2.) BRIEFLY stated, the facts of the case are that on 22.11.1983 Nathu Rarn, the driver of the Rajasthan State Road Trans. Corporation, at about 4.30 p.m. parked the bus No. RRM 1473 at the Bus Stand, Jalore. The bus was to commence its journey to Bhinmal. The booking of this bus started. The passengers bought the tickets from the booking window and after buying the tickets, boarded the bus. Rukmani w/o Ram Chandra alias Ram Kishan, Indra d/o Ram Chandra, Manju d/o Kesri Mal, Bajrang s/o Ram Chandra, Bhanwari d/o Misri Mal and other passengers boarded the bus after buying the tickets. Defendant No. 5, Banshi Lal, also boarded the bus. He was carrying one big jerrican and two containers of five litres each containing kerosene oil. Banshi Lal, in order to smoke biri, lit the match -stick. The kerosene caught fire and on account of the flames of the fire, Rukmani, Indra and Manju got severe burn injuries. They were taken to the hospital in an ambulance where they succumbed to the injuries. Rukmani breathed her last on 24.11.1983 while Indra died on 23.11.83 at about 4.00 p.m. Ram Chandra, the husband, Kailash and Bajrang, the sons of deceased Rukmani, on 1.5.1984, filed the Claim Petition No. 5 of 1984 before the Tribunal for the award of compensation amounting to Rs. 2,77,000/ -. Ram Chandra, the father of deceased Indra, also filed another Claim Petition No. 6 of 1984 for the award of compensation amounting to Rs. 3,44,000 on account of death of his daughter Indra. Both the claim petitions were opposed by the defendants and the defendants filed the written statements to the claim petitions. In the written statements, all the defendants took the objection that the Tribunal has no jurisdiction to adjudicate the claims because the accident involving the death of Rukmani and Indra did not arise out of the 'use of the motor vehicle'. The learned Judge of the Tribunal, after hearing the respective parties, upheld the objection raised by the defendants by a common order dated 14.1.1987 and dismissed both the claim petitions and refused to adjudicate the claims. It is against this award that the appellants have filed these appeals.

(3.) I have considered the submissions made by the learned Counsel for the parties.