SUNITA DEVI Vs. SATPAL

JUDGEMENT

(1.) This is appeal against award dated 04.02.2012 passed by Motor Accident Claims Tribunal, Panipat (later referred to as 'the Tribunal'), whereby claim petition filed by claimants-appellants was dismissed with the observation that claimants have failed to prove that death of Brij Bhushan (later referred to as 'the deceased') was caused in a motor vehicle accident with truck bearing registration no. HR-45A-2638 (later referred to as 'the offending vehicle') due to its rash and negligent driving by respondent no. 1- Satpal.

(2.) Facts of the case, as detailed in para 24 of the claim petition, are reproduced as follows:-

(3.) Reply to claim petition was separately filed by all the respondents. In separate reply filed by respondents no. 1 and 2, accident with the offending vehicle was denied. It was, however, averred that the offending vehicle was insured with respondent no. 3 and in case any liability to pay amount of compensation is made out, insurer of the offending vehicle is liable to pay the same.