1. Heard learned advocates for the parties and perused the papers on record.
2. The appellants herein have challenged the award dated 04.12.2008 passed by the Motor Accident Claims Tribunal (Main), Anand in Motor Accident Claims Petition No. 4419 of 2008 (Old no. 3040 of 2000) so far as the Tribunal dismissed the claim petition.
3. It is the case of the appellants that on 08.11.2008 while the son of the appellant had climbed on to the roof of the luxury bus no. GJ-7-T-4116 he was travelling in to get his luggage, the driver of the bus suddenly started the bus as a result of which the son of the appellant fell down and sustained serious injuries. He finally succumbed to those injuries. The appellant therefore filed claim petition to the tune of Rs. 3,00,000/-. The Tribunal after hearing the parties passed the aforesaid award.
4. Mr.
Modi, learned advocate appearing for the appellant submitted that the Tribunal failed to take into consideration the entire facts of the case and evidence on record and thereby erred in dismissing the claim petition. He submitted that the Tribunal has erred in coming to the conclusion that the death of the appellant did not prove the involvement of the bus no. GJ-7-T-4116 in the accident in question.
5. As a result of hearing and perusal of records, this court is of the view that considering the evidence on record and the facts and circumstances of the case, the Tribunal came to the conclusion that there was no proof that the alleged accident happened due to the negligence of the bus driver. The Tribunal considered the fact that in the complaint/FIR one Shri Manishbhai had staed that the son of the appellants was travelling on the roof of the luxury bus whereas there is contradiction in the cross examination when the very same person has stated that he had gone to the roof of the bus to take his luggage. The applicant also did not produce any copy of charge sheet filed against the bus driver or any other documentary evidence regarding the alleged religious tour. Nothing is pointed out before this Court to take a contrary view. This court is in complete agreement with the reasonings adopted and findings arrived at by the Tribunal and therefore do not see any reason for causing interference. Appeal is accordingly dismissed.
(K.S.
JHAVERI, J.) Divya// Top