ISHWAR DEVI Vs. DARSHAN SINGH

JUDGEMENT

(1.) This is an appeal brought by the claimants against the award dated 1.2.2010 passed by the Motor Accidents Claims Tribunal, [Fast Track Court], Karnal (for short, "the Tribunal") vide which the claim petition filed by the claimants has been dismissed. The claim petition has been dismissed by learned Tribunal on the finding recorded on issue No. 1 under which the claimants were to prove that the accident occurred due to rash and negligent driving of truck bearing registration No. HR-37- 4032 by Darshan Singh, respondent No. 1. The facts of the case can be reproduced here. On 20.11.2007 at about 5.15 AM, Gian Chand son of Wadhawa Ram had gone for a morning walk on the outskirts of village Gheer. When he was near a bridge near Essar Petrol Pump and was on kacha berm of the road, a truck bearing registration No. HR-37-4032 driven by Darshan Singh, respondent No. 1 came from the side of Karnal. It was being driven in a rash and negligent manner. Gian Chand was hit on the wrong side of the road as a result of which, he suffered multiple injuries and he succumbed to them at the spot. The accident was witnessed by Megh Nath and Gian Chand.

(2.) Respondents No. 1 and 2 in their joint written statement have asserted that the accident took place due to sole carelessness and negligence of the deceased himself and that the driver of the offending vehicle was not at fault.

(3.) Respondent No. 3, the insurer claimed the claimants and driver and owner of the alleged offending vehicle to be in collusion with each other. According to him, the FIR was registered after a lapse of 20 days though, the police station was at a stone's throw from the place of accident.