RASHMI CHHABRA Vs. VIJAY KAUR AHUJA

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor Accident Claims Tribunal, Karnal, which had dismissed the claim petition filed by the claimants under Section 110 -A of the Motor Vehicles Act, by holding that the claimants are not entitled to the compensation as the negligence of the driver of the offending vehicle has not been proved. In the appeal, the question for consideration is whether the accident had occurred due to negligent act of driver of offending vehicle No. HYR -5417.

(2.) THE case of the appellants as set up in this appeal is that on 16.4.1995 Balwinder Singh since deceased was going towards Karnal from Delhi in Matador No. HYK -2617 which was being driven at a speed of 40 Kilometers per hour on its left side. Balwinder Singh was sitting on the left side of driver Gurmit Singh. The truck No. HYR -5417 was parked in the middle of the road without any parking lights, indicator or any sort of precaution, which could fore -tell the incoming traffic that some vehicle had gone out of order and standing in the middle of the road. The left portion of the matador struck against the right portion of truck and due to the impact. Balwinder Singh was crushed and he died at the spot. According to the claimants, the accident had taken place due to the negligence of the driver of the truck. It is the further case of the appellants that the deceased was aged about 24 -25 years at the time of accident. He was running transport business and was dealing in many types of other business thereby earning Rs. 2500/ - 3000/ - per month. The claimants further pleaded that they were fully dependent upon the deceased and as such' were entitled to the compensation of Rs. 5,00,000/ -.

(3.) THE Tribunal on the basis of pleadings of the parties, framed the following issues: -