SUNITA AND ORS. Vs. NARENDER AND ORS.

JUDGEMENT

(1.) Appellants namely Sunita widow of late Shri Ashok Kumar and Vansh (minor) son of late Shri Ashok Kumar, have directed the appeal against the award dated 09.11.2010, passed by Ms. Vivek Bharti, Motor Accident Claims Tribunal, Sonepat, vide which the claim petition preferred by the appellants and one Smt. Lichmi Devi, was dismissed.

(2.) Briefly stated, claimants including widow, minor son and mother of deceased-Ashok Kumar, filed petition under Section 166 of the Motor Vehicles Act (hereinafter mentioned 'the Act') with the averments that on 17.11.2005, Ashok Kumar, husband of claimant-Sunita, was going from village Nahri to village Jolly on motor-cycle bearing registration No. HR-11B-1181. Respondent No. 1-Narender son of Harbans Lal, while driving truck bearing registration No. HR-46A-4424 struck the motor-cycle. Satbir son of Chhotan told the claimant No. 1-Sunita that on 17.11.2005, when he was coming from his fields, he saw one motor-cycle bearing registration No. HR-11B-1181 lying on the Kachcha portion of the road having been hit by a truck bearing registration No. HR-46A-4424 and the offending truck was lying parked in the middle of the road. He also disclosed that the driver on enquiry told his name as Narender son of Harbans Lal, resident of Sonepat. He further told Satbir that the accident had been caused by him and he was shifting the injured to the hospital. In the meantime, one jeep bearing registration No. HR-06-3709 also came there being driven by Dalbir Singh. Satbir Singh and Dalbir Singh put injured Ashok Kumar in side the truck and thereafter they left for their destination. When both the persons had left the spot, respondent No. 1-Narender threw the injured from his truck in serious condition and drove away the truck from the spot. Ashok Kumar succumbed to the injuries. After some time, some of the villagers of village Kanwali and village Nahri also narrated these facts to the claimant No. 1-Sunita. On the statement of Ranbir Singh son of Maman Singh, resident of village Jolly, a case was registered against an unknown person under Sections 279 and 304-A of the Indian Penal Code in Police Station Kharkhoda. Police did not make further investigation in the case even after submissions of affidavits by Satbir and Dalbir Singh on 09.12.2006 and 09.01.2007 respectively and complainant had filed a complaint case. The deceased was 23 years of age and was earning Rs. 6,000/- per month from salary and Rs. 15,000/- from milk dairy and agriculture products. The claimants i.e. the widow, minor son and mother were dependant upon the income of the deceased. A sum of Rs. 25 lacs was claimed as compensation alongwith interest.

(3.) On put to notice, respondent No. 1 filed written statement disputing the claim of the petitioners. Factum and manner of the accident had been denied and further pleaded that on the day of the accident, he was not driver of the offending vehicle. A false case has been registered against him. At the time of accident, one Rajesh Kumar, resident of village Kishora, District Sonepat, was the registered owner of the vehicle, who later on transferred the said vehicle to Mohit Gandhi on 08.03.2006. Respondent No. 1 has no concern with the offending vehicle.