CHAND SINGH Vs. RAJINDER SINGH AND OTHERS

JUDGEMENT

(1.) Through this appeal, claimant has laid challenge to impugned award dated 30.01.2009 of Motor Accident Claims Tribunal, Sonipat (hereinafter referred to as the 'Tribunal'), dismissing his petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act').

(2.) Put pithily, in the evening of 21.11.2006, deceased Dalbir Singh, when was waiting for a transport at Village Kheri Damkan to go to his Village, he was knocked down by an unknown vehicle. Hukam Chand, Chowkidar of Village Kheri Damkan, reported the matter to the police. On the basis of his statement duly signed by him, FIR (Ex.P4) was registered against an unknown vehicle around 10:30 p.m. on the same day. Police started investigation, but did not find any clue as to who had caused the accident. However, all of a sudden, after one month one Satyawan (PW3), resident of Murthal, appeared in the police station and made a statement that around one month back on 21.11.2006, he had witnessed the accident caused by a Haryana Roadways Bus bearing registration No.HR-69-0474, driven by respondent No.1, namely, Rajinder Singh, as a result of which Dalbir Singh had died. On the basis of his statement, respondent No.1 was challaned by the police, filing final report under Section 173 Cr.P.C. against him in the Court to face trial.

(3.) Dalbir Singh at the time of his death was aged around 35 years and unmarried. His elder brother Chand Singh, aged above 50 years, filed a claim petition under Section 166 of the Act before the Tribunal, claiming himself as legal heir of his deceased younger brother Dalbir Singh, to award him compensation of Rs. 15 lakhs. The Tribunal after holding trial, dismissed the claim petition mainly on following two grounds: -