JASBIR KAUR Vs. URJIT SINGH

JUDGEMENT

(1.) THE claimants who stakeda claim of Rupees Five Lacs on account of death of Fateh Jung Singh in a road accident lost their cause before the Motor Accident-Claims Tribunal, Ambala and are, thus, in appeal.

(2.) ON 25.5.1988, at about 7.45 a.m. Fateh Jung Singh as per the case of the claimants was coming on his scooter No. HNX 1623 towards Ambala Cantt. on G.T. Road and when he reached near Omla Bridge, truck No. HYE 3245 came from the opposite side and struck against the scooter of the deceased and thereafter the truck driver sped from the side of accident alongwith the truck. First information Report in this regard was lodged with the police. The occurrence is stated to have been witnesses by Shamsher Singh and Charanjit Singh who were examined as A.W.2 and A.W.3 respectively. After recording the defence of the respondent -- Insurance as also driver and owner of the truck, the Tribunal framed issues on which the trial was held. While dealing with issue No. l with regard to rash and negligent driving of truck driver, the Tribunal came to a firm finding after appraisal of entire evidence that it was unsafe to rely upon the testimony of Shamsher Singh and Charanjit Singh and that it was a clear case of hit and run.