RAJ KUMARI Vs. RAVINDER KUMAR

JUDGEMENT

(1.) This appeal filed under Section 100 D of the Motor Vehicles Act, 1939 (for brevity 'the 1939 Act') is directed against the award dated 30.10.1987 passed by the Motor Accident Claims Tribunal, Faridabad (for brevity 'the Tribunal"). The widow of one Jaibir singh who is stated to have died in a vehicle accident on 16.7.1985 alongwith four minor children had made the claim. The accident had occurred on 16.7.1985. Shri Jaibir Singh, deceased was aged a bout 31 years and was driving truck no. HRC 8253 alongwith 45 other workers. The accident had occurred on 16.7.1985 when they were going to Hasanpur near village Jharsaintli on the main Delhi- Mathura road. It has been alleged that driver- respondent no.1 Ravinder Kumar had driven the truck rashly and negligent at a very high speed. As a result the truck turned turtle. The driver jumped out and was able to save himself and all the 45-46 workers traveling in the truck received injuries whereas Jaibir Singh, deceased had received fatal injuries. He was declared dead at the Civil Hospital, Ballabagarh where he was removed on the same day.

(2.) On the crucial issue as to whether the accident was caused by Driverrespondent no.1 on account of his rash and negligent driving, the Tribunal found that the rash and negligent driving of the truck by its driver Ravinder Kumarrespondent could not be proved. Accordingly, the issue was decided against the claimant- appellants. It has however, been held under issue no.2 that the claimantappellants who are the legal heirs of deceased Rajbir Singh and under issue no.3, the claimant- appellants have been granted the relief under Section 92-A of the Act on account of the death of Jaibir Singh. The Tribunal has further held that the delay in filing the claim petition deserved to be condoned as Smt. Raj Kumari has filed an affidavit explaining the delay for filing the petition on 10.10.1986 which is after a period of more than six months whereas the accident had taken place on 16.7.1985. The Tribunal has awarded a sum of Rs. 15,000/- in favour of the claimant- appellants against the respondents jointly and severely with costs alongwith interest @ 12 percent p.a. w.e.f. The date of filing of the application i.e. 10.10.1986.

(3.) The analysis of the evidence by rejecting the version given by the various witnesses has been made by the Tribunal in paras 5,6,7 and 8 which reads as under: