RANI Vs. RAJ KUMAR

JUDGEMENT

(1.) BY way of the present appeal, filed under Section 173 of theMotor Vehicles Act, 1988(for short as 'the Act"), the appellants have challenged the judgment dated 5th July, 2008 passed by Ms. Neena Krishna Bansal, Judge, MACT (for short as 'the Tribunal '), Delhi, vide which the claim petition filed by the appellants was dismissed.

(2.) THE facts in brief are that on 22nd March, 2006 deceased Jai Kumar Mittal was coming from Pitam Pura to his residence on two wheeler scooter bearing No. DL -5SP -6038. At about 2:05 a.m., the scooter was hit by vehicle No. DL - 1LE -6040 which was being driven by respondent No. 1 at a high speed and in a rash and negligent manner. Due to this accident the deceased sustained fatal injuries.

(3.) RESPONDENT No. 2, the owner of the offending vehicle, in his written statement took a preliminary objection that no accident was caused by vehicle. On the date of alleged accident, his vehicle was standing at A -6 -A, New Slum Quarters, Paschimpuri, Delhi. It has been further stated "untraced report" has been sent by Police.