GEETA Vs. DIPAK KUMAR GUPTA

JUDGEMENT

(1.) Heard learned counsel for the appellant and perused the impugned award and papers filed alongwith the memo of appeal. The appellants have challenged the award dated 29.11.2012, passed by the Motor Accident Claims Tribunal/Addl. District Judge, Court No. 15, Meerut in M.A.C.P. No. 1412 of 2009. Whereby the claim petition of the appellants for an award of Rs. 17,10,000 under Sections 166 and 140. Motor Vehicles Act had been dismissed.

(2.) It appears that in accident dated 28.10.2009 at about 9.30 p.m. motor-cycle of deceased Bharat Singh @ Bharat was dashed from behind by the driver of the motor-cycle U.P. 14-AF/5307, which was driven by him rashly and negligently. In the accident Bharat Singh @ Bharat suffered fatal injuries and he died on 30.10.2009 during treatment. The claimants alleged that the deceased was aged about 32 years and he was earning Rs. 13,000 per month from vegetable Adat. The report of the accident was lodged by the brother of the deceased two days after his death. The claimant examined Surendra Girt as alleged eye-witness of the accident. Respondent No. 2, the insurer of the alleged offending vehicle appointed an investigator, who recorded the statement of Smt. Geeta and had also collected her P.A.N. card, ration card and photographs of the deceased. The investigator was examined, who has proved his report and has stated that the statement of Geeta was written by her daughter Priya in presence of her neighbours Smt. Sita wife of Gajendra. Kusum Lata Sharma wife of Kamal. According to the investigator Smt. Geeta has stated in her statement that her husband met with an accident on 28.10.2009 with unknown D.C.M. vehicle and the police of police station Partapur has taken him to K.M.L. Hospital. When Smt. Geeta was confronted with her written statement given to the investigator, she denied her signature, but the Tribunal on perusal of the record and comparing the signatures has found the statement of Smt. Geeta on this count false. The investigator has also appended a report of K.M.L. Hospital which was sent by them to the police, wherein it was noted that deceased Bharat Singh was admitted in the hospital on 28.10.2009 at 10.20 p.m. by Constable 1565 Jai Singh of P.S. Partapur. It was further noted that the accident took place with some unknown vehicle.

(3.) The Tribunal after appreciating the evidence on record as also the case laws cited at the Bar has observed that the claimants have failed to prove that the accident had taken place due to the rash and negligent driving of the motor-cycle by its driver.