RAMESHWARI Vs. BANWARI LAL

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal has been preferred on behalf of appellant-dependents of deceased Tara chand challenging the judgment and award passed by the learned Motor Accident Claims tribunal, Jaipur District, Jaipur vide judgment dated 27. 3. 2000 whereby claim petition of the appellants was dismissed on the basis of finding on issue no. 1 pertaining to rash and negligent driving of the offending vehicle and involvement of offending vehicle which was decided against the appellant-claimants.

(3.) LEARNED counsel for the appellant submits that the Tribunal has not decided issue pertaining to quantum of compensation and has only decided the issue no. 1 pertaining to involvement of offending vehicle as well as point of rash and negligent driving of the offending vehicle. It is submitted that the learned Tribunal has failed to appreciate the evidence of two witnesses i. e. AW-2 Omprakash and AW-3 ramcharan in right perspective as they had deposed on oath that they were going on motor bike and had witnessed the accident and that the offending vehicle was involved. It is also submitted that the police had filed challan against the respondent-driver of RSRTC bus i. e. Banwarlal for the offence under Sec. 304a IPC and other offences after investigation. It is further submitted that it is not a case of collusion of the appellants with the eye witnesses. It is further submitted that matter deserves to be remanded to the Tribunal after giving an opportunity of hearing and to adduce evidence, if any and for decision on all the issues so that in case of appeal, same may be decided in entirety.