SURJIT KAUR Vs. PREM SINGH AND ANOTHER

JUDGEMENT

(1.) This is an appeal filed by the claimant before the learned Motor Accident Claims Tribunal, Kurukshetra, after her claim petition seeking compensation for the death of her husband in a motor vehicles accident, was dismissed by the Tribunal, vide the impugned Award dated 17.12.1998.

(2.) As per the claim petition, the petitioners' husband, Mohan Singh, was standing near the bus-stand at Shahabad on 19.08.1994 at about 11:20 am, waiting for the arrival of a bus. While he was doing so, a truck bearing registration No. HNC-1415, allegedly driven in a rash and negligent manner by respondent no.1, Prem Singh, came from the side of Pipli and without blowing any horn, struck against Mohan Singh, after coming onto the wrong side of the road, resulting in him receiving fatal injuries. He is stated to have died on the spot.

(3.) In response to notice issued, respondent no.1 filed a written statement denying the allegations made in the petition and stating that his truck was not involved in the accident in any manner and that he had also been involved falsely in the criminal case registered against him, and that further, he had also been acquitted by the trial Court vide a judgment dated 29.01.1997, in the criminal proceedings.