SMT. RITU AND OTHERS Vs. KULJEET AND OTHERS

JUDGEMENT

(1.) This is an appeal filed by the claimants against the award of Motor Accident Claims Tribunal, Rohtak; whereby the claim petition filed by the present appellant was dismissed. The reason given for dismissal of the claim petition is that the claimants could not prove that the accident in question took place with the claimed offending vehicle.

(2.) The brief facts as claimed in the petition are that on 16.04.2010, Hari Om went to Rajiv Gandhi Stadium, Gohana Bye-pass, Rohtak for having a morning walk. After having walk at about 6.15 AM, he was going towards New Bus Stand, Rohtak on his motorcycle bearing registration No. HR-12L-8595. When he was on his way towards New Bus Stand, Rohtak on his correct side of the road, a car bearing registration No. HR-13B-8877 driven by its driver rashly, negligently and at a high speed and without following traffic rules, came from the stadium side and struck against the motorcycle of Hari Om from behind and caused the accident. Due to the impact, Hari Om along with his motorcycle; fell down at a distance due to the velocity and impact of the offending vehicle and sustained serious and fatal multiple injuries. Later on, he succumbed to the injuries at the spot. The driver of the car fled away from the spot. FIR was also lodged regarding that accident. It was alleged that the accident in question was caused due to sole rash and negligent driving of the above said car, having registration No. HR-13B-8877, by the driver, i.e., respondent No.1.