KAMLA DEVI Vs. SUBHASH CHANDRA AGARWAL

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed by the appellants/claimants against the judgment and order dated 03.08.2006 passed by M.A.C.T./District Judge, Udham Singh Nagar in M.A.C.P. No. 23 of 2004. Smt. Kamla Devi & others Vs Subhash Chandra Agarwal whereby the appeal of the claimants was dismissed by the Tribunal.

(2.) BRIEF facts of the case are that on 02.01.2004, husband of the claimant - Vishan Singh was going from Village Pratapur to Thakurdwara on his bicycle. At about 03:00 p.m., when he reached on Moradabad -Thakurdwara Road, suddenly, a Maruti Car bearing registration No. UP02/1361 coming from the side of Moradabad, which was being driven by its driver in a very rash and negligent manner, hit the bicycle of the deceased - Vishan Singh, due to which he sustained injuries on his head. He was admitted in the Primary Health Centre, Thakurdwra and after providing first aid he was referred to Moradabad. Thereafter, on 06.01.2004 he was referred to Delhi by the Doctors for better treatment, but he died in the way to Delhi. According to the claim petition, the deceased was 44 years of age and used to earn Rs. 5,000/ - per month. Therefore, they filed the claim petition for a sum of Rs. 6,40,000/ - as compensation.

(3.) THEREAFTER notice was issued to the respondent. On the receipt of the notice, the respondent - Subhash Chandra Agarwal contested the claim petition by filing written statement before the Tribunal alleging therein that on the date and time of the accident, he was with Sri Sarad Goyal at his company situated at Jaspur and his car was not involved in the said accident. It has further alleged that the claimant lodged the complaint against him after expiry of one month with the help of advocate - Ram Kishore Arya in order to implicate him in the false case. Therefore, the claim petition against him was liable to be dismissed.