BIRMATI Vs. RAMESH KUMAR

JUDGEMENT

(1.) This appeal has been filed by the parents of a 10 year old child, Anup Kumar, who unfortunately died in a motor vehicle accident on 20.11.1994. The claim petition filed by the appellants herein, was dismissed by the learned Motor Accidents Claims Tribunal, Jind, vide the impugned Award dated 07.09.1998.

(2.) The facts, as taken from the Award, are that on 20.11.1994 the deceased Anup Kumar, alongwith his family members, including appellant No.1, i.e. his mother, one Samundar Singh, Surender Singh and Narender is stated to have been coming from his fields, going to village Nirjan, Tehsil and District Jind. When this party of 5 people reached near the village, on the Jind-Gohana road, at about 5:30 to 6:00 PM, a mini bus bearing registration No.DL-2CC-4588, came from the side of Safidon, allegedly at a high speed, driven by respondent No.1 herein. The bus is stated to have hit Anup Kumar, leading to his death on the spot.

(3.) Upon notice issued, the 1st respondent, i.e. the driver, put in his appearance initially but thereafter absented himself and was proceeded against ex parte, vide order dated 25.08.1995.