BIMLA ALIAS BILO Vs. BIMLA ALIAS BILO

JUDGEMENT

(1.) The appellants have filed this appeal against the award dated 29.05.2006 passed by the Motor Accident Claims Tribunal, Jhajjar (hereinafter referred to as, 'the Tribunal'), whereby compensation worth Rs.2,56,300/- was awarded to the claimants in equal shares, under Section 166 of the Motor Vehicles Act.

(2.) As per the appellants, on 19.09.2003 at about 6:00 a.m. Veerpal son of appellant No.4 was going to Delhi on his scooter bearing registration No.DL-4S/AA-3875 from village Suladha towards Delhi and when he reached in the area of village Nuna Majra, one truck bearing registration No.RJ-23G- 1262, which was driven by respondent No.1-Pyare Lal in rash and negligent manner came from the opposite direction. The said truck, being driven on the wrong side of the road, rammed into the scooter of Veerpal. As a result of which, Veerpal sustained multiple injuries and died on the spot. The accident was witnessed by Satbir Singh, who was going on a separate motorcycle. The matter was reported to the police and FIR No.330 dated 19.09.2003 under Sections 279/304-A of the Indian Penal Code, was registered in Police Station Sadar Bahadurgarh regarding the aforesaid accident. The offending truck was owned by respondent No.2-Ram Chander and was insured with respondent No.3-Insurance Company. Appellant No.1-Smt. Bimla alias Bilo is widow while appellant Nos.2 and 3, namely, Pardeep and Vikash, are sons of Veerpal. The appellants had claimed compensation worth Rs.15,00,000/- on account of death of Veerpal in the aforesaid motor vehicle accident.

(3.) The claim petition was contested by the respondents. Respondent Nos.1 and 2 filed joint written statement, in which, the factum of the accident in question has been denied. It was also pleaded that FIR in this case was falsely registered against respondent No.1. It was prayed that the claim petition be dismissed. Respondent No.3 filed separate written statement taking preliminary objection that at the time of the alleged accident, the driver of the offending vehicle was not holding valid and effective driving licence. On merits, it was pleaded that no such accident as alleged by the claimants/appellants took place on 19.09.2003 and it was prayed that the claim petition be dismissed.