RAM KARAN Vs. ZILE SINGH

JUDGEMENT

(1.) Unfortunately for the appellants, it is an unproved case and, therefore, I have no hesitation in dismissing this appeal.

(2.) Some facts can be noticed in the following manner. The claim petition was moved under section 166 of the Motor Vehicles Act by Ram Karan, husband of Phulwati, Rampal, Ganjroop Singh, Kamal Singh, major sons of Ram Karan, Jaipal minor son of Ram Karan and Savitri Devi daughter of said Ram Karan, against Zile Singh, Dhoop Singh, M/s Ganpati Finance Limited and United India Insurance Co. Ltd. and the case set up by the claimants before the Tribunal was that Phulwati deceased was the wife of appellant No. 1. She was aged about 50 years. She was working as an agriculture labourer and she used to earn Rs. 1,000 per month. She was returning on 20.10.1992 at about 10.15 p.m. after answering the call of nature along with the wife of Ganjroop Singh when a four-wheeler being driven at a high speed came there. It was being driven negligently and rashly. The four-wheeler came from Jha-jhu side. The accident took place near the bus stand of village Dagrali when the alleged four-wheeler struck against Phulwati, who died at the spot due to the injuries and the driver of the four-wheeler fled away along with the four-wheeler from the spot. According to claimants-appellants the accident was witnessed by Ram Kala, son of Hardwari and Randhir, son of San-wal Ram besides the wife of Ganjroop Singh. With these allegations, claimants made a prayer that they should be awarded Rs. 2,00,000 by way of compensation.

(3.) It is also the case of the claimants-appellants at the trial that at the time of the alleged accident the four-wheeler was being driven by Zile Singh, the respondent No. 1.