SMT. MUKESH TYAGI Vs. AJAY KUMAR

JUDGEMENT

(1.) The claimants who are the widow, minor son and two minor daughters of deceased Satya Pal Tyagi have filed this appeal against the award dated 4.12.1999 of the Motor Accident Claims Tribunal, Faridabad (for short 'the Trbunal'), whereby, their claim petition has been dismissed.

(2.) The case of the appellants in the claim petition was that Satya Pal Tyagi had gone to meet one of his friends who was on night duty at Escorts Plant-II. When he reached in front of Escorts Plant-II on 23.6.1997 at about 8:30 AM, a DCM Toyota bus bearing registration No.DL-IV-1081 which was being driven rashly and negligently by Ajay Kumar respondent No.1 came and hit him from behind due to which he received serious injuries and died on the spot. The accident was witnessed by Ranpal and GD Verma. FIR was registered on the statement of Ramesh.

(3.) The respondents denied the allegations and claimed that no accident as alleged had taken place. It was claimed that respondent No.1 was not the driver of the said bus. On 23.6.1997 one Satish Kumar was its driver.