NIKKI Vs. DARSHAN SINGH

JUDGEMENT

(1.) The claimants have filed this appeal to challenge the award dated 6.10.1998 passed by Motor Accidents Claims Tribunal, Bathinda, vide which the claim petition filed by claimants for grant of compensation on account of death of Makhan Singh, who was knocked down by a truck bearing registration No. PCF 9112 at 7.15 p.m. on 11.4.1994, has been dismissed.

(2.) Makhan Singh, aged about 40 years was knocked down by the aforementioned truck which was being driven rashly and negligently by Darshan Singh, respondent No. l, on 11.4.1994 at 7.15 p.m. while he was riding a bicycle on the Phul Road. Makhan Singh died on the spot. This accident was noticed by Ruldu Singh and Gurcharan, chowkidar. His widow, Nikki, and four minor children, namely, Buta Singh, Sukhpal Singh, Sukhwinder Singh and Amritpal Kaur, filed claim petition. Despite notice, the respondents did not put in appearance in the witness-box. Both the respondents were proceeded against ex pane. Bhag Singh, the owner of the truck, respondent No. 2, even refused to accept notice. Darshan Singh, driver, respondent No. 1, was not served despite two attempts having been made for his service. Ultimately, he was served through publication in the daily 'Chardi Kala'.

(3.) Ex parte evidence of the claimants was recorded. Nikki, widow, examined herself as AW 1 and Ruldu Singh was examined as AW 2. Copy of the F.I.R., Exh. A1 and a copy of the post-mortem report, Exh. A2, were adduced in evidence.