NIRUPAMA Vs. HARDARSHAN ARORA

JUDGEMENT

(1.) THE present appeal is filed against the award dated 11.3.2004 passed by Motor Accident Claims Tribunal, Gurdaspur (Tribunal for short), whereby the claim preferred by the appellants for the death of Mulakh Raj Arora in a motor vehicle accident which took place on 16.5.2002, was rejected.

(2.) IT may be pointed out at the outset that the petition was filed under Section 163 -A of Motor Vehicles Act (Act for short) by the daughter and two sons of deceased Mulakh Raj Arora against their mother, who was owner of the vehicle, and the Insurance Company. The petition was dismissed on the ground that the accident was not proved.

(3.) COUNSEL for the appellants argued that the Tribunal erred in not appreciating the evidence, though it was amply proved on record that Mulakh Raj Arora had died in a road side accident, as pleaded by the appellants. The record from the hospital concerned was also called but the Tribunal rejected the claim on conjecture and surmises.