MANJAY AND OTHERS Vs. LALIT AND OTHERS

JUDGEMENT

(1.) This appeal has been filed against the Award dated 19.11.2015 passed by the Motor Accident Claims Tribunal, Sonepat (hereinafter referred to as 'the Tribunal'), whereby claim petition filed by the claimants-appellants under Section 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as 'the Act') seeking compensation on account of death of Sunita in a motor vehicle accident, has been dismissed. Appellant No. 1 is husband and appellant Nos. 2 to 4 are the daughters of deceased-Sunita.

(2.) Brief facts of the case are that on 11.10.2014, at about 6.25 A.M., Manjay-appellant No. 1 and his wife Sunita (since deceased) were coming back from fields towards their house in village Mandora after loading fodder in the rickshaw. Sunita was driving the said rickshaw on foot from front side, whereas Manjay was pushing the same from behind. When they reached near village Mandora, they parked their rickshaw on the side of the road and thereafter, Manjay went inside the fields for urinating. At that time, his wife-Sunita was standing near the rickshaw. In the meantime, a car bearing registration No. DL-4C-AH-8378 being driven by Lalit-respondent No. 1 in a rash and negligent manner, came there and struck against the rickshaw, as a result of which, Sunita, who was standing near the rickshaw, fell down on the road and received injuries on various part of her body. Thereafter, she was taken to CHC, Kharkhoda, where she was declared dead. With regard to the accident, FIR No.308 dated 11.10.2014, was registered at Police Station, Kundli on the statement made by appellant No. 1. Consequently, the claimants-appellants filed a claim petition before the Tribunal.

(3.) Upon notice, respondent No. 1-driver filed written statement, whereby it has been stated that no accident had taken place by him and he has been falsely implicated in this case in order to extract the amount of compensation. He was having a valid driving licence at the time of alleged accident, therefore, he is not liable to pay any amount.