FARIDA Vs. ABID

JUDGEMENT

(1.) This appeal has been directed against the judgment and award dated 20.1.1992 passed by learned Judge, Motor Accidents Claims Tribunal, Bhilwara, whereby he rejected the claim of the appellants-claimants.

(2.) Briefly stated, the appellants filed a claim petition before the Motor Accidents Claims Tribunal, Bhilwara, alleging, inter alia, that Jabbar, son of Gani Khan, by caste Musalman, aged 25 years, was travelling in trolley No. RJE 5618 hooked to the tractor No. RJE 5582 on 26.5.1986. The trolley was containing musk-melons 'kharbujas'. The trolley jumped while passing the square of village Amli-Bagla near the bridge, Jabbar fell down from the trolley and wheel of the trolley passed over his stomach. Jabbar sustained severe injuries and became unconscious. He was taken to Satellite Hospital, Shahpura, but he died on the way to hospital.

(3.) Badshah, brother of the deceased, lodged a first information report at Police Station Shahpura at 12.30 p.m. and a case under Sections 279 and 304A of Indian Penal Code, was registered.