JAIDA AND ORS. Vs. SANTOSH KUMAR AND ORS.

JUDGEMENT

(1.) This appeal has been preferred on behalf of dependents of deceased Usman against the judgment passed by learned Motor Accident Claims Tribunal, Bundi dated 2.4.1997 whereby the claim petition of the appellant claimants was dismissed on the ground that the deceased himself was found to be negligent in driving the vehicle.

(2.) Learned counsel for the appellants submits that the learned Tribunal has failed to appreciate the issue no.1 pertaining to negligence in proper perspective as the accident had taken place when the deceased who was driving the motor cycle was overtaking the tractor after getting his side and was dashed by the motor cycle coming from opposite direction and thereby falling down and on his head being crushed under the Wheels of trolley. It is also submitted that the matter deserves to be remanded for marshelling the evidence after giving due opportunity to both the sides for hearing and leading evidence on the point.

(3.) Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. It is further submitted that there is no fault on the part of the tractor driver as the deceased was overtaking the tractor and was hit by motor cycle coming from opposite direction.