HIRA SINGH Vs. RAJPAL ALIAS RAJU

JUDGEMENT

(1.) The present appeal has been preferred against the award dated 07.05.2010 passed by learned Motor Accidents Claims Tribunal, Bhiwani (hereinafter called the 'Tribunal) vide which the claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter called the Act) for grant of compensation on account of death of Vimaljit, who died in the motor vehicular accident which took place on 23.06.2008, has been dismissed.

(2.) As per the case of the appellants-claimants, deceased Vimaljit was working as a Manager with Century Veterinary Division. On 23.06.2008 at about 07:30 p.m., he was going on motorcycle HR- 19A-8194. When he was near the railway crossing Rohtak Road, Charkhi Dadri, respondent No.1 Rajpal alias Raju came there driving the tractor bearing registration No.HR-16G-1928 in a rash and negligent manner and struck the motorcycle of deceased Vimaljit. As a result of which, he fell down and received serious injuries. He succumbed to the injuries at PGIMS, Rohtak on the next day. It was further pleaded that he was earning Rs.12,000/- per month and was having the degree in Master in Business Administration from Kurukshetra University. The claimants have claimed the compensation to the tune of Rs.20,00,000/-.

(3.) Respondents No.1 & 2 contested the petition on the plea that the first information report against respondent No.1 was false. He was not at fault. The facts have been concealed. The respondent Insurance-Company has pleaded that it was not a case of vehicular accident. The FIR has been lodged by an interested party who was not the eye witness of the occurrence.