BALBIR SINGH Vs. DILBAGH SINGH AND OTHERS

JUDGEMENT

(1.) The above captioned appeals have been taken up together for disposal as these appeals arise against the separate awards, all dated 15.12.2010 passed by Motor Accident Claims Tribunal, Fatehgarh Sahib (later referred to as 'the tribunal') relating to accident, which occurred on the intervening night of 31.01.2000 and 01.02.2000 with truck bearing registration No.HR-07-1855 (later referred to as 'the offending vehicle'), which resulted in death of Jitender, Ajaib Singh and Gurdas Singh. The tribunal partly allowed the claim petitions filed by claimants by awarding them compensation of Rs. 50,000/- under Section 140 of Motor Vehicles Act, 1988 ( in each claim petition) with the observation that claimants have failed to prove that the accident was caused due to rash and negligent driving of the offending vehicle by its driver Dilbagh Singh.

(2.) For the sake of convenience, facts and evidence recorded in case "Lajwanti and others Vs. Dilbagh Singh and other, MACT case No.129 of 2008" is taken while disposing of these appeals, as the pleadings regarding the accident and evidence led in all the three cases are similar.

(3.) The claimants have described the mode of accident in para 24 of the claim petition, which reads as follows:-