YOG RAJ Vs. CHUHAR SINGH

JUDGEMENT

(1.) The present appeal has been preferred for setting aside the award dtd. 16/7/2008 passed in the claim petition filed under Sec. 166 of the Motor Vehicles Act, 1988, by the learned Motor Accident Claims Tribunal, Hoshiarpur (for short, 'the Tribunal'), whereby, claim petition filed by the appellants/claimants, was dismissed. FACTS NOT IN DISPUTE

(2.) The brief facts of the case are that on on 22/10/204, at about 7.00 PM, Balwinder Kumar along with his mother Saroj Rani was going towards their fields and when they reached in front of a bank in village Samudra, a Mahindra Jeep bearing No.PB-32-D-3805 (hereinafter referred as Offending vehicle), which was owned by respondents No.2 and 3, came from the opposite direction, respondent which was driven by a rash and in No.1 Chuhar Singh negligent manner and that jeep ran over Balwinder Kumar, who died at the spot. It was averred that a criminal case was registered against the driver of the jeep with the intervention of the State Human Rights Commission, Punjab, Chandigarh. It was further averred that the deceased Balwinder Kumar at the time of his death was just 11 ears old and was studying in a school. He had a bright academic future and the claimants had high hopes upon their son who was to look after them in the fag end of their lives.

(3.) Upon notice of the claim petition, the respondents appeared and filed their separate replies denying the factum of accident/compensation.