RUGGA Vs. HARBHAJAN KAUR

JUDGEMENT

(1.) THIS is an appeal Under Section 110-D of the Motor Vehicles Act filed by the claimants who are respectively husband and sons of the deceased Smt. Panna who died as a result of a motor accident on Agra Bombay Road near village Dhal in the evening of 22-6-1978.

(2.) IT is undisputed that the appellants with the deceased Smt. Panna were travelling in a cart when a truck coming with speed from Dhamnod side collided with the cart which turned turtle by the impact and was broken. Smt. Panna died on the spot as a result of the accident. The repondent Nos. 1 and 2 are the owner and driver respectively of the truck No. MPN 5468 which has been alleged to be the truck in question causing the accident. The respondent No. 3 is the Insurance Company which had insured the owner of the vehicle in respect of the said truck.

(3.) THE learned Tribunal, after trial of the case, held that it was not proved that the accident was caused by the truck No. MPN 5468 as alleged by the claimants. On appreciation of evidence adduced by the claimants regarding compensation for the death of Smt. Panna, the learned Tribunal assessed the damages at Rs. 6,700/-. But as it was held not proved that the accident occurred by the vehicle of the respondent No. 1, the appellants' claims has been dismissed by the Tribunal.