SHEELA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants are the unfortunate legal representatives of Ram Kumar, deceased, who lost his life in a motor vehicle accident at the age of 37/38 years and when the claim petition was filed by his wife, children and mother before the M.A.C.T., Patiala, the learned Tribunal returned the finding against the claimants, inter alia, holding that it is not proved on the record that accident had taken place on account of negligence of L.Nk. Jagdish Singh, respondent No. 2. Therefore, the petition which was filed by the claimants- appellants under section 166 of the Motor Vehicles Act was dismissed. Not satisfied with the finding of the Tribunal, the present appeal.

(2.) Some facts can be described in the following manner: The appellants alleged that the vehicular accident took place on 28.8.1994 in which the life of Ram Kumar was lost. As per allegations in the claim petition, the accident took place in the military area, Patiala at about 9.30/10 p.m. when Ram Kumar deceased was coming on his bicycle within the area of cantonment and when he reached near New Jat Colony crossing, Jagdish Singh respondent No. 2, who was driving the military vehicle No. BA No. 86E-7744-M along with vehicle No. BA No. 83G-5964E in a very negligent and high speed, struck against the bicycle of the deceased as a result of which the body of Ram Kumar was crushed under the last wheel of the vehicle. Ram Kumar received head injury. First information report was also lodged in Police Station, Sadar, Patiala and post-mortem was conducted on the body. According to the claimants, Court of Inquiry was also conducted but the Inquiry Officer wrongly and with a mala fide intention exonerated Jagdish Singh and the Government of India.

(3.) With these broad allegations claimants alleged that they were dependent on the income of the deceased and they are entitled to compensation of Rs. 10,00,000 besides interest at the rate of 12 per cent.