BASANT KAUR Vs. CHATARPAL SINGH

JUDGEMENT

(1.) This appeal is directed against the award dated 22.7.1999, passed by the Motor Accidents Claims Tribunal, Indore, in Claim Case No. 168 of 1999.

(2.) The claimants are widow and children of deceased Darbara Singh, driver, who was incharge of truck No. MKO 9729, owned by Chatarpal Singh, respondent No. 1, insured with Oriental Insurance Co. Ltd., Indore, respondent No. 2. The accident took place on 15.5.1996, between this truck (MKO 9729) and truck No. MBN 1637, owned by Mohd. Hussain, respondent No. 3, driven by Munir Khan, respondent No. 4, and insured with United India Insurance Co. Ltd., respondent No. 5. It happened at 10.30 p.m. in front of Sagati College, Khargone. Darbara Singh died on the spot, as a result of this accident. Therefore, claim petition has been preferred by the claimants claiming compensation of Rs. 3,38,000 alleging that the accident took place due to rash and negligent driving by the driver of truck No. MEN 1637.

(3.) The Claims Tribunal has dismissed the claim petition holding that the negligence on the part of the driver of truck No. MEN 1637 is not proved. Therefore, the claimants have preferred this appeal challenging this finding of the Claims Tribunal and seeking compensation for death of Darbara Singh.