CAV JUDGMENT

1. This appeal, under section 173 of the Motor Vehicles Act, 1988 , has arisen out of the order dated 24.12.2016 passed by the Additional Motor Accident Claims Tribunal, Dhamtari (C.G.) in Claim Case No.52/2015 whereby the claim application preferred by the claimants has been rejected.

2. The claim of the appellant/claimants, in brief, is that on 29/04/2015, 40-year-old Jeevrakhan Nishad was travelling from village Kurud to village Bhatapara Banjari in a Tata Magic bearing registration No. CG 04 HM 4588 (hereinafter referred to as " the offending vehicle"), which was being driven by respondent No.1 Ramesh Sahu. At around 8:20 pm, Ramesh Sahu drove the said vehicle in a rash and negligent manner, as a result of which it collided with the rear part of an unknown truck and got damaged. Jeevrakhan and driver Ramesh Sahu also got stuck in it. On receiving information, the Police reached the spot. Both of them were taken out of the vehicle and with the help of 108 ambulance, they were taken to the Community Health Centre, Kurud, where after first aid, Jeevrakhan was referred to Raipur. But while being taken to Raipur, he died on the way. Merg was recorded on the information o