LEKHRAJ Vs. BHUDUTT SINGH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 14.3.2001 passed by MACT/Addl. District Judge, Court no. 10, Aligarh in MACP no. 384 of 1998 whereby the claim petition of the appellants has been dismissed.

(2.) It appears that deceased Ajay Kumar was driver on Tanker no. UP 85C-9127, which developed some defect on 1.10.1998 at about 11 p.m. While crossing the Bajna bridge on NH-2 within circle of P.S. Narhauli, Mathura, while it was being repaired by Ajay Kumar and his helper, the driver of truck no. HR 29C-6755 said to be driving the vehicle rashly and negligently hit the stationery tanker from behind, causing serious injuries to driver and persons travelling in the truck. The helper of the truck died at the spot. The truck driver leaving the vehicle at the spot made his escape good. Injured Ajay Kumar also died later on. It was stated in the petition that 25-years' old deceased was earning Rs.6000/- per month. The parents of deceased Ajay Kumar claiming to be dependant on him, filed claim petition for an award of Rs.8.50 lacs. against driver of truck and owner and insurer of both the vehicles. The claim petition was contested by opposite parties except the alleged driver of the truck.

(3.) The claimants examined Lekhraj PW 1 and Vigyan Singh PW 2 (help of tanker) in support of their case and filed several photo-copies of documents. The learned Tribunal after hearing parties' counsel has dismissed the claim petition mainly on the ground that in order to get compensation the claimants have made material interpolations in the photo-stat copies of documents filed by them and could not prove their case. Aggrieved the appellants have come up in appeal.