LABH KAUR Vs. RAJ KUMAR

JUDGEMENT

(1.) DES Raj, resident of village Tikri, Tehsil Pehowa, District Kurukshetra, died on 1.7.1990 in a road accident. The heirs of the deceased i.e. Labh Kaur widow of the deceased and her minor children filed a claim petition before the Motor Accidents Claims Tribunal, Kurukshetra under s 166 and 140 of the Motor Vehicles , seeking compensation, which was declined by the Tribunal holding that the accident was not caused due to rash and negligent driving of respondent No. 1, Raj Kumar.

(2.) IN the present appeal, the claimants have assailed the finding of the Motor Accidents Claims Tribunal and have prayed for setting aside the same.

(3.) IN the written statement, the plea taken by the respondents was that the accident was not caused due to rash and negligent driving of respondent No. 1. It was being driven on slow speed on its right side. However, it was admitted that the offending vehicle No.HNK -3052 was being driven by Raj Kumar and was owned by Parmod Kumar.