SANTOSH BINDAL Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The Appellants who are the legal heirs of the deceased Basant Lal @ Basant Kumar Bindal impugn the judgment dated 09.08.1996 passed by the Motor Accident Claims Tribunal (the Tribunal) whereby the petition under Section 166 of the Motor Vehicles Act (the M.V. Act) was dismissed on the ground that the Appellants (the Claimants) failed to establish that the accident was caused on account of rash and negligent driving of truck number HRB-5865 driven by the third Respondent Jagdish Lal.

(2.) The following contentions are raised on behalf of the Appellants:-

(3.) Per contra, it is contended by the learned counsel for the First Respondent (National Insurance Company Limited) that it was not possible for a person to see an accident from a distance of 3000 yds. The Tribunal, therefore, rightly disbelieved PW-1. The Tribunal's finding that negligence on the part of Jagdish Lal in causing the accident was not established and the same cannot be faulted.