BEANT KAUR ALIAS BALJIT KAUR Vs. AMRIK SINGH

JUDGEMENT

(1.) The appellant-claimants in this appeal have challenged the award dated 21.7.2005 passed by the learned Motor Accident Claims Tribunal, Chandigarh, vide which the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, for grant of compensation on account of death of the father of the minor appellants, stands dismissed, except for payment under "no fault liability".

(2.) The claimants filed the claim petition on the pleadings, that Paramjit Singh was driving a milk canter No. PB-05-G-9444 at a slow speed and was going towards Ganganagar. When he reached near village Giddranwali, bus No. PB-12-B-9804 driven by respondent No.1 in a rash and negligent manner struck against the canter as a result of which the deceased fell on the road and his legs broke into two pieces. He succumbed to his injuries in the hospital after 22 days. The case was, that accident had occurred due to rash and negligent driving of respondent No.1.

(3.) The petition was contested, wherein a plea was taken, that the accident, in fact, had occurred due to rash and negligent driving of late Sh. Paramjit Singh and that the FIR was also registered against him. Other assertions were also denied.