CHHINDER PAUL KAUR Vs. SHIV KUMAR

JUDGEMENT

(1.) The question involved in this appeal is"as to whether the Tribunal under the Motor Vehicles Act, can dismiss the claim petition on the ground that the accident is not proved, if the driver of the offending vehicle is ultimately convicted by the Criminal Court for the offences under Sections 279/304-A of the IPC ?".

(2.) This appeal is directed against the order of learned Motor Accident Claims Tribunal, Bathinda, dated 07.2.2000 by which the claim petition filed by the legal heirs of deceased Gurmail Singh has been dismissed on the ground that the claimants have failed to prove the neglience on the part of Shiv Kumar, driver of the offending vehicle.

(3.) In brief, on 11.8.1996, while Gurmail Singh deceased was going towards Bibi Wala Chowk from Old Bus Stand, Bathinda on his scooter bearing No. PJB-3990, he was run over by jeep bearing registration No. PB-08H-3252, driven by Shiv Kumar (respondent No. 1) at a very fast speed, rashly and negligently while coming from opposite direction. The deceased Gurmail Singh suffered multiple injuries and was admitted to Civil Hospital, Bathinda by Constable Sarabjit Singh, who was present near the place of accident alongwith other police officials in connection with naka bandi. Gurmail Singh succumbed to his injuries at.1.55.a.m on 12.8.1996. The claimants had registered FIR No. 130 dated 12.8.1996 under Sections 279,427,304-A IPC at Police Station, Kotwali, Bathinda against Shiv Kumar, driver of the offending vehicle.