SUMITRA Vs. CHHOTU RAM

JUDGEMENT

(1.) This is an appeal brought by the claimants challenging the award dated 11.2.2009. Vide the impugned award, learned Motor Accidents Claims Tribunal, Fast Track Court, Sirsa (for short, "the Tribunal") has dismissed the claim petition of Smt. Chander Kala and others. Learned Tribunal recorded the finding on issue No.1 to the effect that the claimants have failed to prove the accident to have been the outcome of rash and negligent driving of Maruti car bearing registration No.HR-29G-8850 by respondent No.1. In view of this finding, it was found that the claimants are not entitled to any amount as compensation and, consequently, their claim petition has been dismissed with no order as to costs.

(2.) On 5.7.2006, Sohan Lal [since deceased] alongwith one Ramesh Kumar was coming from his fields. At about 9.00 PM, a Maruti car bearing registration No.HR-29G-8850 came from the side of Sirsa. It was driven by respondent no.1 in a rash and negligent manner. It had hit Sohan Lal, as a result of which, Sohan Lal suffered many injuries on his body. He was, though, brought to General Hospital, Sirsa and was advised to be taken to PGI, Rohtak, but due to his serious condition, he was taken to Metro Hospital, Hisar where he died on 8.7.2006. The occurrence was seen by Ramesh Kumar. He also lodged a report with the police regarding this accident and respondent No.1 is facing trial in the criminal case registered against him.

(3.) The accident is denied by the respondents to have occurred in the manner alleged by the claimants. Respondent No.1 has denied that he was driving the vehicle at the time of alleged accident. He has claimed himself to be falsely implicated. The other averments are also denied and the claim petition is prayed to be dismissed.