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2022 DIGILAW 2988 (RAJ)

Laxmi v. Narsingh

2022-12-15

REKHA BORANA

body2022
JUDGMENT Rekha Borana, J. - The present appeal has been filed against the award dated 21.10.2016 passed by the Motor Accident Claims Tribunal, Udaipur whereby the claim petition of the claimants has been rejected. 1. The facts of the case are that on 18.05.2015, the deceased-Marta Ram who was going on motorcycle with one Narsingh was hit by an unknown vehicle due to which he succumbed to injuries. 2. The FIR as lodged on 18.05.2015 specifies that the motorcycle was hit from behind by an unknown vehicle. The claim petition has been filed with an averment that it was because of the negligence of Narsingh who was the rider of motorcycle that the accident occurred and therefore, the respondent No.3-Insurance Company is liable to pay the compensation. 3. A perusal of the pleadings as well as the evidence as led on behalf of the claimants clarifies that there is not a single averment regarding the rash and negligent driving of the motorcycle by Narsingh. Even Smt. Lakshmi, wife of the deceased who has come in the witness box has not made any specific averment regarding the rash and negligent driving of motorcycle driver. All the documents pertaining to the criminal proceedings at the relevant point of time also do not specify or even suggest that motorcycle driver was rash or negligent. Meaning thereby, there is no documentary or oral evidence available on record to suggest the said fact and present is a total no evidence case. 4. In view of the above facts, the findings as reached by the Tribunal cannot be faulted with and the award dated 21.10.2016 does not deserve to be interfered with by this Court. 5. In view of the above observations, the present appeal being devoid of merits is dismissed. 6. All the pending applications stand disposed of.