MANJIT KAUR Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS is appeal is by the claimant whose petition under Section 166 of the Motor Vehicles Act was dismissed by the Motor Accident Claims Tribunal, Ropar (here -in -after referred to as the Tribunal) on 20.05.2010.

(2.) BEFORE referring to the submissions made on behalf of the appellant, it is apposite to refer to the relevant facts. On 07.09.2009, Lakhwinder Singh along with Rupinder Singh were coming on a scooter. They had reached village Sihon Majra when a motorcycle driven by Amandeep Singh came from the opposite side. Sarabjit Kaur was on the pillion of the motorcycle driven by Amandeep Singh. The motorcyclist struck against the scooter driven by Rupinder Singh with the result that both the scooter riders fell down and sustained injuries and succumbed to the injuries on the way to the hospital.

(3.) THE plea taken by respondent no.1 was that of denial. It was pleaded that the accident occurred on account of negligence of Rupinder Singh. The insurance company pleaded that no accident had taken place and D.D.R. had been lodged on wrong facts and the claim was false.