KARAMJIT AND ANOTHER Vs. BOOTA SINGH AND OTHERS

JUDGEMENT

(1.) The appellants had preferred a claim before Motor Accident Claims Tribunal, Jalandhar (Tribunal for short) for the death of Gulraj Masih son of the appellants but the petition was dismissed. Hence this appeal.

(2.) The appellants had pleaded that on 1.4.1994 at 9.30 pm, Gulraj Masih was going on a scooter towards Kartarpur when he was hit by truck No.PB-08E-8930, which was being reversed by respondent No.1 in a rash and negligent manner. The son of the appellants died on account of the injuries received in the accident on the way to the hospital. His age at that time was 19 years and he was a student and was also running a dairy from which his income was Rs.3000/- per month.

(3.) Counsel for the appellants argued that the Tribunal perversely held that the accident was not proved and that the averment in the petition was not true. It was submitted that the contradiction in the contents of the FIR and the statement of the eye witness was given undue importance by the Tribunal and also the presence of Sarwan Singh (AW2) was wrongly doubted.