MANJIT KAUR Vs. SUKHJINDER SINGH AND OTHERS

JUDGEMENT

(1.) This is the claimant's appeal assailing the award dated 18.09.2004, whose claim petition was dismissed by the Motor Accident Claims Tribunal, Bathinda. Manjit Kaur mother of Gurjant Singh filed a claim petition under Section 166 of the Motor Vehicle Act seeking compensation for the death of her son. The accident occurred on 23.3.2000.

(2.) The record of this case had been destroyed in a massive fire which took place in the High Court. However, counsel for the appellant has placed on record the complete record, pleadings as well as the evidence available with him. Both the sides state that the matter can be disposed of on the basis of material available, therefore, the appeal is taken up for disposal at motion stage. Gurjant Singh alongwith Iqbal Singh were returning to village Doda on a scooter. Two hundred meter ahead of village Kauni, the offending vehicle belonging to respondent No. 2 came and struck against the scooter. Both the occupants fell down and succumbed to the injuries. Gurjant Singh was 19 years old and was stated to be Carpenter and had a flourishing business. His earning were said to be Rs. 5000/- per month.

(3.) The claim was resisted by respondent No. 2 who denied their involvement. It was pleaded that accident occurred on account of negligence of the deceased.