1. Heard.

2. Admit. Heard finally.

3. Dismissal of MACP No.728/2005, by learned Ex Officio Member, Motor Accident Claims Tribunal, Nanded, by order dated 18.7.2011 is questioned by the appellants / claimants.

4. FACTS:

a) Shaikh Yunus, 39 years old, a teacher, drawing monthly salary of Rs.9276/- (Exh.46), suffered fatal accident in the night of 21.12.2003, while he was plying his Bajaj M-80 vehicle bearing No.MH-26-A-6261. This gave rise to lodging of FIR Exh.32 against an unknown vehicle by brother of the deceased.

b) The case of the claimant was, the driver of the truck ran away and Crime bearing No.303/2003 was registered by Police Station, Nanded (Rural), under Sections 279, 304-A of IPC read with Section 134 of the Motor Vehicles Act.

5. CASE:

The claimant Smt Faridabegum, widow of Shaikh Yousuf, asserts that after the accident, she had been to Nanded to her aunt where she came in contact with one Mohd.Rafiq, landlord of her aunt, who learnt from either her aunt or Faridabegum about peculiar accident and death of husband of Faridabegum. At such time, it is her case, Mohd.Rafiq disclosed her about the incident wherein her husband's vehicle bearing No.MH-26-A-6261 was knocked