SANDEEP MALHOTRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is appeal by claimants Sandeep Malhotra and others against the award passed by Motor Accident Claims Tribunal, Chandigarh (later referred to as 'the tribunal'), dismissing their petition filed under Sec. 166 of Motor Vehicles Act, claiming compensation for the death of Brij Mohan, father of appellants-claimants No.1 and 3 and husband of claimant-respondent No.2 in a motor vehicle accident with Gypsy bearing registration No.HR-03-9552 driven by respondent No.2 and owned by respondent No.1.

(2.) Brij Mohan, husband of appellant-claimant No.2 and father of appellants-claimants No.1 and 3 died in a motor vehicle accident on 15/1/1999 and the matter was reported to the police by a rickshaw puller Ram Kumar on whose statement, FIR No.13 dtd. 15/1/1999 was registered at Police Station East Chandigarh. Complainant Ram Kumar in his statement has stated that on the day of occurrence at about 1.30 p.m., he was going from Grain Market to TPT light point, he saw a clean shaven person going on cycle ahead of him. When that person reached ahead of local bus stand, a blue coloured Gypsy, which was being driven in a rash and negligent manner, came from the side of Grain Market and hit the cyclist from behind, as a result of which, he (cyclist) fell on the ground and suffered injuries. Gypsy driver sped away from the spot and he noted the number of the gypsy as 9552. The accident had taken place due to rash and negligent driving of the Gypsy driver.

(3.) In the claim petition, compete number of the Gypsy (referred to as the offending vehicle in latter part of judgment) was given as HR-03- 9552, which belongs to Haryana Police. It is alleged that Ishwar Singh- respondent No.2 was driving this vehicle at the time of accident. As it was a police vehicle, the matter was closed by Senior Superintendent of Police, Chandigarh on 23/3/1999 within a period of one month of recording of FIR. Claimant No.1 filed CRM-18013-M-2000 in this Court in which it was stated on behalf of Chandigarh police that there was no vehicle with the number 9552. Under the order of this Court, Gypsy involved in the accident bearing No.HR-03-9552 was traced. The Court verified the log book of the Gypsy, which indicated its involvement in the accident and thereafter, challan against its driver was presented in the Court. Claimants alleged that Chandigarh police had earlier closed the case under the pressure of Haryana Police.