SMT. KANTI DEVI W/O LATE SHRI RAM SINGH, Vs. MOTOR ACCIDENT CLAIMS TRIBUNAL/DISTRICT JUDGE AND THREE ORS.

JUDGEMENT

(1.) THIS appeal Under Section 173 of the Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 3 -2 -2004, passed by Motor Accident Claims Tribunal/District Judge, Dehradun, in Motor Accident Claims Tribunal Case No. 23 of 2003, Smt. Kanti Devi and Ors. v. Navneet Nagalia and Ors..

(2.) BRIEF facts of the case, giving rise to the instant appeal, are that on 7 -6 -2002 Ram Singh was going to his house situated at Rajeev Nagar on his bicycle. At about 10.30P.M. when he reached near Rishpana bridge by -pass, Tanker bearing No. U.A. 07C -9500, coming from the side of Haridwar, hit a scooter and then also hit the cycle of Ram Singh, due to which Ram Singh sustained grievous injuries on his head and other parts of the body. Injured Ram Singh was taken to Doon Hospial. Thereafter he was referred to C.M.I. Hospital, but ultimately he succumbed to the injuries on 6.7.2002. The report of the accident was lodged on 8.6.2002 at 10.30 A.M. at Police Station Dalanwala. The claimants/Appellants filed claim petition on the ground that the Tanker which hit the cycle of the deceased, was being driven rashly and negligently by its driver. The deceased Ram Singh was aged 50 years at the time of accident and he was working in the N.C.C. Office and was getting Rs. 5974/ - per month salary. The claimants claimed Rs. 11,02,000/ - as compensation from the opposite parties/Respondents.

(3.) THE driver of the Tanker contested the claim petition by filing the written statement and alleged that he was driving the Tanker with care and diligence, but the scooterist all of a sudden took a turn on the road, due to which he lost control over the Tanker and hit with the cycle. According to him the accident had taken place due to the negligence on the part of scooterist and the cyclist and he has no liability to pay the compensation.