ROSHANI AND OTHERS Vs. DALBIR SINGH AND OTHERS

JUDGEMENT

(1.) The appeal has been preferred by the widow of late Balbir Singh, who unfortunately died in a vehicular accident occurred on 10.11.1993 with the alleged vehicle i.e. jeep bearing registration No.DL-2- CD-4114 driven by Dalbir Singh-respondent No. 1 in a rash and negligent manner, against the award passed by the Tribunal, whereby the claim petition filed by the claimants has been dismissed.

(2.) Mr. Saini, learned counsel appearing on behalf of the appellants submitted that the Tribunal has committed illegality and perversity in dismissing the claim petition on the ground of failure to prove the identity of the driver of the vehicle. There is misdirection and misreading of oral and documentary evidence, much less, pleadings and therefore, the award is not sustainable. Even if the appellants-claimants have not been able to prove rashness and negligence of the vehicle, the claimants in the alternative were entitled to compensation under 'No Fault Liability". In this regard, he has drawn of the Court to the written statement filed by the owner wherein the factum of the accident has not been denied. Even the DDR was also lodged on the same day.

(3.) Mr. Singal, learned counsel appearing on behalf of respondent No. 3-insurance company submits that in the absence of the identity of the driver and the vehicle, particularly, when the original claim petition was filed by arraying a different driver which was later on amended, it is an apparent case of collusion between the owner and the claimants and therefore, rightly so, the claim petition has been dismissed. Even the appellants-claimants are not entitled to compensation under Section 140 of the Motor Vehicles Act as sought to be claimed, thus, urges this Court for dismissal of the appeal.