Vijay Singh vs Sugar Singh

Anil Sharma, J.—Arguments heard. This revision petition has been filed u/s 115 of C.P.C. against the order dated 7.2.2012 passed by the learned First Motor Accidents Claims Tribunal, Gwalior, in Claim Case No. 30/2011, whereby the application filed by the non-applicant under Order 7 Rule 11 of C.P.C. has been dismissed.

Motor accident claim has been filed by the applicant for the death of his daughter which was result of dash of tracker driven by respondent/driver with an electric pole resulting in broking of live electric wire on the victim, who died due to high electric voltage. The petitioner has filed an application under Order 7 Rule 11 of C.P.C. for dismissal of suit on the ground that the death of victim occurred due to electric current, therefore, claim under Motor Vehicles Act is not maintainable.

Learned counsel for the petitioner has drawn attention towards provision of Section 165 of Motor Vehicles Act, according to which, Claims Tribunals have been established for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both.The death of victim was result of dashing of tractor with electric pole which resulted in damage of electric pole and live electric wire, therefore, the death of victim is as a result of negligent driving of the driver of tractor. If the tractor has not dashed with the pole, the victim could not have suffered any injury. Since the death of victim is as a result of accident committed by tractor, the petition for claim u/s 166 of Motor Vehicles Act is maintainable. Hence, the learned Tribunal has not committed any error in passed the impugned order. Therefore, the petition is dismissed.