ASHI VASHISTHA Vs. MANOJ

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal has been preferred on behalf of dependents of deceased Rajkumar against the Judgment and award passed by the learned motor Accident Claims Tribunal-cum-Rajasthan cooperative Tribunal, Jaipur vide judgment dated 8. 5. 2000 challenging the finding on issue no. 1 pertaining to rash and negligent driving of the scooter at the part of the deceased himself.

(3.) LEARNED counsel for the appellants submits that he had come with the case before the Tribunal that scooter No. RPX-1248 met with an accident and fell in a ditch while coming down from Nahargarh Hill to jaipur resulting into injury and death of deceased sitting who was a pillion rider as scooter was being driven by Manoj Sharma but the Tribunal has decided issue no. 1 wherein it has been held that scooter was being driven by deceased Rajkumar and not by Manoj sharma and, as such, no claim could be awarded for rash and negligent driving of deceased himself. It is also submitted that the Tribunal has not decided other issues including the issue pertaining to quantum of compensation etc. It is further submitted that even if the Court was of the view that deceased himself was responsible for the accident, even then the Tribunal should have considered the case of appellant under sec. 163-A of the M. V. Act. It is submitted that he may be given opportunity of hearing and to lead evidence in the matter and the tribunal should be directed to decide all the issues including the issue pertaining to quantum of compensation.