URMILA AND ANR Vs. SAJJAN SINGH AND ORS

JUDGEMENT

(1.) Naveen Goyal, aged about 19 years and six months, a bachelor son of the first appellant, died in a motor vehicular accident that occurred on 04.10.2005, involving collision of two motor vehicles at Rithala Road, Delhi they being motorcycle bearing registration No.DL-4S-AG-5358 (motorcycle) and truck bearing registration No.HR-55A-0552 (the truck). She filed accident claim case (Petition No.619/2008) on 08.03.2006 under section 166 and 140 of the Motor Vehicles Act, 1988. The driver, owner and insurer of the truck, they being the first, second and third respondent herein, were impleaded as respondents in the said proceedings. The tribunal held inquiry but, by its judgment dated 01.07.2009, dismissed the petition because the claimant had not been able to prove negligence on the part of truck driver.

(2.) Noticeably, in the pleadings collision between the two vehicles had been admitted. The facts that the truck was driven by the first respondent, owned by the second respondent and was insured against third party risk with the third respondent had also been admitted.

(3.) The appeal at hand was filed questioning the above mentioned judgment, appellant having added her husband as second appellant in these proceedings.