VYAS PURI Vs. NARESH SINGH

JUDGEMENT

(1.) The Appellants impugn a judgment dated 04.11.2003 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby a Claim Petition under Section 166 of the Motor Vehicles Act, 1988(the Act) preferred by the Appellants for the death of their son Master Akhlesh Kumar aged 13 years was dismissed on the ground that the Appellants failed to establish that the accident was caused on account of the rash and negligent driving of half-body truck No.HR-38A-6195 by Naresh Singh the First Respondent. On 17.01.1998, deceased Akhilelsh Kumar along with his younger brother Vinod was travelling in a TSR No.HR-10-6312 from Narela to Safiabad. When the TSR reached Safiabad Road near water tank Narela, truck No. HR-38A-6195 being driven in rash and negligent manner by the First Respondent came from Safiabad side and struck against the TSR. As a result of the impact, Akhlesh Kumar suffered serious injuries. The deceased was removed to Hindu Rao Hospital and was then shifted to Dr. Ram Manohar Lohia Hospital and Safdarjang Hospital. The deceased succumbed to the injuries in Safdrjang Hospital.

(2.) During inquiry before the Claims Tribunal, the Respondents No.1 and 2 (the driver and the owner of the offending vehicle) preferred not to contest the proceedings and were ordered to be proceeded ex parte. The Respondent No.3 New India Assurance Co. Ltd. contested the Claim Petition by way of filing a written statement and disputed the manner of the accident.

(3.) During inquiry, the Appellants examined PW1 Vinod Kumar an eye witness of the accident. He deposed about the manner of the accident. PW2 Vyas Puri is the deceased's father. He testified that the deceased was a student of 9th Standard. He proved the School Leaving Certificate and the Character Certificate as Exs PW2/2 and PW2/3 respectively.