1 By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellants – original claimants have challenged the judgment and order dated 31st August 2005 passed by the learned Motor Accident Claims Tribunal (Aux), Bhavnagar in MAC Petition No.831 of 2001 whereby the Tribunal has dismissed the claim petition filed by the claimants.
2 The short facts of the present appeal as per the case of the claimants are that the claimants along with their son deceased Naresh were traveling in the trailer of the tractor as labourers. However, when the tractor reached near the scene of offence, due to rash and negligent driving on the part of the Driver of the tractor, the trailer overturned due to which their son had died.
3. The parents of the deceased therefore filed claim petition. The Tribunal has in paragraph 6 of the judgment observed that with respect to the incident in question the FIR was lodged and copy thereof was produced on the record of the Tribunal. In the said FIR names of the passengers who travelled in the tractor-trailor were mentioned which did not include the names of the claimants. It is further observed that in the FIR the details of the injured witnesses who sustained injuries in the accident are mentioned but the name of deceased child was not mentioned. Though time was granted to the claimants to clarify the aforesaid aspect, but the claimants could not produce any evidence. In paragraph 7 of the judgment it is observed that the claimants have produced a writing issued by the Doctor of Mahuva wherein it has been stated by the Doctor that the child had died due to congestion of lungs and cessation of heart function. He gave advice to the claimants to take the child to Government Hospital for conducting the post mortem. Despite said suggestion of the Doctor the claimants have not taken the child for conducting the post mortem.
4. In view of the aforesaid reasoning adopted by the Tribunal, no interference is called for. The appeal has no merits. Hence, the same is dismissed with no order as to costs.
(K.S.Jhaveri, J.) *mohd