Dismissal of Claim Petition–Scooter was hit by Tata 407–Tribunal dismissed the claim petition on the ground that the case was of run and hit by some unknown vehicle and the alleged unknown vehicle was introduced vehicle to claim compensation–Order confirmed by High Court–Whether justified ?– Held, no Further, held,
(i) Claim could not be dismissed in totality because if even it was a matter of run & hit case, claimant was entitled for at least Rs. 25,000/- as per provisions of Sec. 161(3)(a).
(ii) There was admitted position in pleadings of respondent-owner that the vehicle owned by him Tata -407 was involved in the accident with motorcycle and said vehicle was driven by respondent-1 driver.
(iii) Abovementioned pleadings were sufficient to hold that the vehicle in question was involved in the said accident.
(iv) Admission was never traversed by respondent-owner.
(v) Defence of respondent No. 1 (driver) that the vehicle driven by him was not involved in the accident is understandable as admittedly he is facing the trial u/s. 279 & 304-A for causing the accident and death of another person on the same time and date.
Findings are liable to be set aside–Matter remanded back to Tribunal because it is to be determined whether there was any negligence on part of claimant.
