SALIMAN AND ANOTHER Vs. AYUB AND OTHERS

JUDGEMENT

(1.) Claimants/appellants have filed this appeal against the award dated 31.8.2012, passed by the Motor Accident Claims Tribunal, (in short 'the Tribunal'), Nuh, District Mewat, vide which the claim petition filed by the claimants/appellants under Section 166 of the Motor Vehicle Act, 1988, was dismissed.

(2.) The brief facts are that on 3.11.2009, Sazid @ Sazid Hussain (since deceased) accompanied by his uncle Abdul Gaffar boarded a three wheeler from Utawar to Nuh, at about 5:00/5:15 PM. When the said three wheeler reached towards Adbar in the area of Nuh, the offending truck bearing registration No. HR-55-D- 5882, being driven rashly and negligently by respondent No. 2 hit the said three wheeler. As a result of the said accident, the said Sazid @ Sazid Hussain received injuries. Initially, he was removed to Civil Hospital, Nuh, but from there he was referred to District Hospital, Gurgaon. However, he succumbed to the injuries on way to District Hospital, Gurgaon. It is stated that the deceased was 18 years of age and was a labourer and was earning Rs. 4,000/- per month. FIR No. 405 dated 4.11.2009 was registered at Police Station Nuh.

(3.) In the written statement, respondents No. 1 and 2 took the plea that the vehicle of respondent has been falsely implicated.