DILPARI AND OTHERS Vs. DALJIT SINGH AND ANOTHER

JUDGEMENT

(1.) The claimants have filed the present appeal challenging the award dated 19.02.2014 passed by the Motor Accident Claims Tribunal, Pathankot (for short 'the Tribunal'), whereby, their claim petition was dismissed.

(2.) Brief facts as disclosed in the claim petition are that on 28.08.2010, Latif (since deceased) was going to Amritsar with his wife Dilpari in truck No.PB-29D-9697 (herein for short 'the offending vehicle'), owned by Daljit Singh - respondent No.1. Latif was on the steering wheel. At about 11.00 pm, when they reached ahead of Dhobra Puli, the vehicle broke down. Latif alighted from the truck and tried to repair it by standing on its front side. Dilpari came out of the truck and sat on a katcha berm. Daljit Singh sat on the driver seat and then started the offending vehicle, which was in gear. Latif was hit by the offending vehicle and he received injuries on his head and stomach. He was taken to Raavi Hospital, from where, he was shifted to Dr.Bhinder Hospital and then Kidney Hospital, Jalandhar and ultimately to PGI, Chandigarh, where he died on 01.11.2010. The accident was alleged to have been caused due to rash and negligent driving of the offending vehicle. FIR regarding the accident was also registered on 27.11.2010 against respondent No.1.

(3.) While the claimants based their claim solely on the statement of PW1 Dilpari, the respondents examined RW 1 SI Gurvinder Singh of P.S. Mamoon who deposed that on 2.11.2010 Shambu brother of the deceased had made a statement before him that the accident had been caused by some unknown vehicle which struck the stationary truck of the deceased due to which he received injuries and later died in the PGI, Chandigarh. On his statement DDR Ex R1 was recorded in the Roznamcha. Shambu got a second statement recorded on 3.11.2010 in which he again stated that nobody was responsible for the accident.