PARMJIT KAUR Vs. SIMRANJIT SINGH AND ORS.

JUDGEMENT

(1.) THIS is an appeal brought by Parmjit Kaur, the claimant, who sought compensation under section 166 of the Motor Vehicles Act, 1988 for the death of Gurdeep Singh alias Makhan, in a road side accident that took place on 10.09.2009. Learned Motor Accidents Claims Tribunal, Ludhiana (for short the Tribunal') vide award dated 17.01.2011 has returned findings on issue No. 1 against the claimant for want of any evidence. Learned counsel for the appellant has submitted that the eye witness of the accident was Hari Singh, who was arrayed as respondent No. 4. According to him, he has been the father of the deceased Gurdeep Singh and father -in -law of the claimant According to him, he has filed written statement in the case where he admitted having seen the accident and that the accident had occurred in the manner alleged by the claimant. According to him, he was proceeded against ex -parte thereafter and he could not be examined at the trial.

(2.) LEARNED counsel for respondent No. 3, on the other hand, has submitted that there is no admissible evidence on the record to prove that the accident is an outcome of rash and negligent driving of truck No. HR -37 -B/0336 by respondent No. 1.