Kasana Ram, S/o. Shri Roopa Ram – minor through his natural guardian uncle Shri Bhava, S/o. Shri Hemaji vs Hindu Singh, S/o. Shri Vagh Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 331

PRAVEER BHATNAGAR
Kasana Ram, S/o. Shri Roopa Ram – minor through his natural guardian uncle Shri Bhava, S/o. Shri Hemaji – Appellant
Versus
Hindu Singh, S/o. Shri Vagh Singh – Respondent

Advocates Appeared:
For the Appellant : Mr. Rakesh Arora with Mr. Manish Rajpurohit.
For the Respondents: Mr. Jagdish Vyas.

JUDGMENT :

1. This appeal is directed against the judgment and award dated 23.01.2004 passed by the Motor Accident Claims Tribunal, Bhinmal, District Jalore (hereinafter referred to as 'the Tribunal'), whereby the Tribunal has dismissed the claim petition filed by the appellant-claimant.

2. The claimant filed the claim petition through his natural guardian, uncle Shri Bhava with the averments that on 24.04.2002, respondent No. 1 – Hindu Singh, while driving the L.P. Truck, bearing registration No. GRN-5674 rashly and negligently hit his mother, Smt. Gigi, which resulted in grievous injuries to her and during the treatment, she died; an FIR was registered at the Police Station Chitalvana, in which, after investigation, a challan against respondent No. 1 – Hindu Singh was filed for the offences punishable under Sections 279 and 304A IPC. Based on the averments, a compensation of Rs. 6,65,000/-was claimed.

3. A reply to the claim petition was filed by respondent No. 1 – Hindu Singh, denying all the averments made in the claim petition; it was stated that the fact of adoption of appellant Kasana Ram by the deceased is not proved and, as such, he is not entitled to get any compensation.