PARAMJIT KAUR Vs. MURARILAL SHANKYA

JUDGEMENT

(1.) This appeal is filed by claimants against dismissal of their claim by the court of Mr. D.S. Jain, Motor Accidents Claims Tribunal, Morena in Claim Case No. 26 of 1992.

(2.) Claimants filed a claim petition in the court claiming therein that a truck bearing registration No. MP 07-A 1978 driven by respondent No. 1 Murarilal on 16.3.1992 dashed against deceased Rajvansh Singh at the A.B. Road Sales-Tax Barrier, Morena. Accident occurred at 2.15 p.m. Rajvansh Singh died on the spot after the accident. Appellant No. 1 is widow of the deceased and appellant No. 2 is minor son of the deceased. The truck was owned by respondent No. 2 Harish Babu and was insured with the respondent No. 3 New India Assurance Co. Ltd. The deceased was truck driver. On 16.3.1992 while in service deceased was driving truck bearing registration No. DL-1G 4508, which was travelling from Agra to Nagpur. When his vehicle reached Sales-Tax Barrier near Morena, he stopped the vehicle and parked it by the side of the road and had his meals. After having his meals when he was proceeding towards his truck the offending truck dashed against him, which was coming from the side of Gwalior. The truck was driven by the respondent No. 1 Murarilal in a rash and negligent manner. On account of accident the deceased was crushed under the truck and died on the spot. After accident F.I.R. was lodged with the Civil Lines Police Station, Morena. The claimants have filed a petition for compensation.

(3.) In reply to claim application, driver of the vehicle denied that the vehicle was driven by him in a rash and negligent manner. On the contrary he has deposed that he was driving the offending vehicle bearing registration No. MP 07-A 1978 on his left side in a slow speed and very cautiously. He was blowing horn and headlights of the truck were on. He was driving from Morena towards Agra. While he was near the Sales-Tax Barrier, deceased suddenly crossed the road which resulted into an accident. Accident occurred on account of negligence of the deceased.