KAUSHALYA DEVI Vs. SHER SINGH

JUDGEMENT

(1.) THIS is an appeal filed by Kaushalya Devi and her three sons Ravinder Kumar, Rajinder Kumar and Inder Mohan (hereinafter described as 'the appellants') directed against the award of the learned Motor Accident Claims Tribunal, Kurukshetra dated 3. 1. 1994. By virtue of the impugned award the learned tribunal had dismissed the petition filed by the appellants.

(2.) THE relevant facts alleged by the appellants are that on 5. 6. 1993 at about 10. 30 P. M. the deceased alongwith his son Inder Mohan was going towards Kurukshetra after closing his tea shop at Pipli. They were travelling by an auto rickshaw bearing No. CHY 497. The auto rickshaw was in front of the house of H. S. Chatha. At that moment a truck bearing No. HYq 7685 driven by Sher Singh respondent No. 1 came from the opposite side. It was being driven in a rash and negligent manner by respondent No. 1. A side push was given to the auto rickshaw because the truck came from the wrong side. As a result of the push, the deceased fell on the road and received multiple injuries on his face, right arm and other parts of the body. On 8. 6. 1993 he died as a result of the said injuries. The appellants had filed the claim petition with the learned Motor Accident Claims Tribunal, Kurukshetra (for short 'the tribunal') seeking compensation of Rs. 4 lacs.

(3.) IN the separate written statement filed by the Oriental Insurance Company preliminary objection was raised that it was not liable to pay any compensation. Plea was raised that truck was being driven by a person who was not holding a valid licence. In any case it was denied that the accident took place as alleged by the appellants. The negligence, if any, was attributed to the three wheeler driver. The deceased might well have fallen due to some jerk.