VIKRAM DUTT KAPOOR Vs. AMAR KAUR

JUDGEMENT

(1.) This appeal is directed against award dated 15.12.2000 passed by the Motor Accidents Claims Tribunal, Ludhiana (for short, 'the Tribunal' ) in M.A.C.T. No. 47 of 1988 Amar Kaur v. Avtar Singh.

(2.) While he was going on a bicycle from village Alamgir to village Jassowal, Tehsil and District Ludhiana, Darshan Singh (deceased) was hit by truck bearing No. PIP 5277 which was owned by late Hari Rattan Kapoor, Proprietor of Punjab Machinery and was being driven by Avtar Singh (respondent No. 2 herein). As a re sult of the accident, Darshan Singh suffered grievous injuries and died. His mother Avtar Kaur and father Sarwan Singh filed petition under section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act') for award of compensation to the tune of Rs. 10,00,000.

(3.) On notice, respondent Nos. 1 and 2 had filed separate written statements and denied that the accident was caused by the truck. They pleaded that the bicycle of the deceased had hit the.truck when it was in stationary condition and he died due to the injuries suffered by him as a result of the impact.