SASHI BALA Vs. SIRI NIWAS

JUDGEMENT

(1.) THE Motor Accident Claims Tribunal, Patiala had dismissed a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by Shashi Bala and her two sons, namely, Lovnesh Kumar and Dinesh Kumar claiming compensation on account of death of Narinder Kumar, husband of claimant No. l and father of claimants No. 2 and 3 on 18. 6. 191)1 in accident while travelling in Maruti Car No. CHK-4447, which was being driven by Anwar Hassan.

(2.) DIS -satisfied with the award of the Tribunal, the claimants have filed the present appeal for setting aside the same.

(3.) THE claim petition was resisted by the driver and the owner of the car on the ground that when the car crossed village Jangpura, a tree suddenly fell upon the car as a result of which Narinder Kumar and driver of car received injuries. It was further stated that at the relevant time, heavy storm was blowing and it was raining. The Tribunal had returned a finding that the claimants have failed to prove that the accident had occurred as a result of rash and negligent driving of car by its driver. The Tribunal also held that the claimants had failed to prove that the driver of the car, Anwar Hassan was paid employee of the owner of the car. A plea was also raised before the Tribunal that the owner of the car has received compensation from the Insurance Company for the damages of the car and as such the respondents cannot be absolved of their liability to pay compensation. It was proved that the Insurance Company had paid compensation to the owner of the car in respect of damages caused to the car.