CHARAN SINGH Vs. SANJAY KUMAR AND ORS.

JUDGEMENT

(1.) Claimants have challenged the award dated 05.01.2012 passed by Motor Accident Claims Tribunal, Bhiwani (hereinafter referred as 'The Tribunal') whereby the claim petition filed by claimants was dismissed.

(2.) Facts relevant for the purpose of decision of the appeal. That on 4.7.2008 at about 5 p.m., Pawan @ Monu was going with his friend Charan Singh on motor cycle bearing registration No. HR-16C-6114. The said motor cycle was being driven by Pawan and Charan Singh was pillion rider. When they reached near village Biran, truck bearing registration No. HR61- 6984 came from back side. The said truck was being driven by Sanjay in rash and negligent manner and struck against the motor cycle from the back side. Resultantly, Charan Singh fell down on the ground and truck ran over the motor cycle and also ran over the right leg below knee of Pawan Kumar and both the legs of Charan Singh crushed. The driver of the truck fled away after causing the accident. The matter was reported to the police.

(3.) Respondents contested the claim petition on all counts. 'The Tribunal' after appreciating the material and evidence available on file, returned the findings that the petitioner failed to prove that accident was caused by respondent No.1 Sanjay Kumar on 04.07.2008 while driving truck bearing registration No. HR61-6984 in rash and negligent manner with motor cycle bearing registration No. HR-16C-6114. Resultantly claim petition was dismissed.