SOMARI DEVI Vs. RAGWAR SINGH

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby learned Tribunal has dismissed the claim petition filed by the appellants.

(2.) THE accident dated 4.1.1998 resulted in the death of Jokhu Ram. THE deceased was a contractor and was going from Sector 11, Rohini to his house on foot. Two labourers were accompanying the deceased. THE deceased was crossing the road near Lok Nayak Apartments, Sector 7, Rohini, Delhi, when he was hit by truck bearing No. HR 38-BG 6052 coming from Rithala side at a very high speed and being driven in a rash and negligent manner and without blowing the horn. THE deceased sustained fatal injuries on his head and other parts of the body and was initially taken to Hindu Rao Hospital which referred him to Ram Manohar Lohia Hospital where he expired on 5.1.1998.

(3.) THE appellant had produced the eyewitness, PW 2, who deposed that he was accompanying the deceased on 4.1.1998 at about 10.55 p.m. and while crossing the road near Lok Nayak Apartment, Sector 7, Rohini, the deceased was hit by truck bearing No. HR 38-BG 6052 coming from Rithala side at a very high speed and driven in a rash and negligent manner.