NITIN WASIL Vs. PARKASH AND ORS.

JUDGEMENT

(1.) Learned Motor Accident Claims Tribunal, Jalandhar through impugned award dated 10.09.2004 dismissed t he claim petition of the appellant-claimant Nitin Wasil and who thus, has come up in this appeal.

(2.) The essential facts are that on 22.08.1983 Shyam Su nder Wasil (since deceased) aged around 42 years, workin g as a field employee of the rank of Senior Inspector in Peerles s General Finance and Investment Company Limited, Calcutta an d posted at branch office, Jalandhar was driving his Fiat car N o. MXV-1264 (in short, 'ill fated car') going along with others towards Moga and when he reached village Bhoyapur, Tehsil Shahkot, a truck bearing No.PUF- 1832 came from the opposite side be ing driven rashly and negligently by respondent No.1 Parkash a nd hit the car of the deceased resulting in injuries to the deceas ed, who died during treatment on 12.10.1983.

(3.) The claimant invoked the jurisdiction of the Tribun al on 20.9.1999 contending that he was a minor at the tim e of death of his father and after obtaining age of discretion wh en the facts came to his knowledge has knocked at the doors of t he Tribunal.