GEETA DEVI Vs. VIJAY KUMAR YADAV

JUDGEMENT

(1.) The present appeal has been filed by the claimants against the award dtd. 30/11/2002 passed by the Motor Accident Claims Tribunal, Rewari (in short,'the Tribunal'), whereby the claim petition filed by the appellants was dismissed.

(2.) For the purpose of the present appeal, the parties would be referred to as they were described in the original claim petition filed before the Tribunal.

(3.) The brief facts, as involved in the present appeal, are that on 30/10/1998 at about 11:00 p.m. Ramautar was standing near Ghasi Ram Memorial, Village Balawas Tehsil Bawal, when a jeep being driven by respondent No.1 in a rash and negligent manner came there and hit against Ramautar. Due to darkness, registration number of the speeding jeep could not be noticed. However, lateron, the number of the offending jeep was found to be RRD-4459. On account of the injuries suffered by Ramautar, he died after being taken to hospital. On account of this accident, an FIR No.274 dtd. 31/10/1998 was also registered under Sec. 279 and 304A of the Indian Penal Code at Police Station Bawal on the statement of eye-witness Dilbagh Singh, who is the brother of the deceased. Asserting these facts, the widow, the minor daughter and parents of deceased-Ramautar filed a claim petition. However, the said claim petition has been dismissed by the Tribunal. Hence, the present appeal has been filed.