SMT. SHARDA CHOUDHARY W/O SAJJAN SINGH BY CASTE JAT SINCE DECEASED THROUGH HER LEGAL HEIRS Vs. MAL SINGH S/O KHUM SINGH BY CASTE RAWAT R/O AJMALA KA BADIYA, JASSA KHEDA, POLICE STATION BHEEL DISTRICT RAJSAMAND (DRIVER)

JUDGEMENT

(1.) The Claimants/appellants have preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 against the Judgment and Award dated 24-02-2006 passed by Additional District & Sessions Judge (Fast Track) No. 4, Ajmer (hereinafter referred to as "the Tribunal") in M.A.C. No. 645/2005(384/2002), whereby claim petition was dismissed.

(2.) Skeletal material facts necessary for disposal of this appeal are that claimant/appellants filed a claim petition before the Tribunal stating therein that on 25-02-2000, claimant's son Anoop Kumar was travelling in a Maruti Van, which was hit by Tanker No. GJ-1-X-6803. The accident occurred opposite to Fauzi Yadav Dhaba, N.H. No. 8, Ajmer. Due to injuries sustained in the accident, Anoop Kumar died. Claimants, being parents and legal representatives of the deceased, filed the claim petition against owner, driver and insurer of the aforesaid Tanker, claiming compensation from them.

(3.) After completion of pleadings of the parties, issues were framed on 06-07-2005 and the case was fixed for claimant's evidence. Claimants did not produce any evidence and it was closed on 21-02-2006. Evidence of non-claimants was also closed on 23-02-2006 and thereafter, the impugned judgment was passed by the learned Tribunal on 24-02-2006, whereby the claim petition was dismissed. Being aggrieved with the impugned judgment, the claimant/appellants have preferred this appeal.