SHUBH RANI Vs. BACHNA RAM

JUDGEMENT

(1.) Through this appeal, claimants have laid challenge to award dated 17.01.2000 of the Motor Accident Claims Tribunal, Gurdaspur (in short 'the Tribunal'), dismissing their claim petition under Section 163-A of the Motor Vehicles (Amended ) Act, 1994 (in short 'the Act').

(2.) According to the appellant-claimants, on 09.11.1995, Dharam Dutt, travelling in a car bearing registration No.HR-26-C-1801 along with AW1 Harbans Lal and one Jagjit Singh Bedi met with an accident in the area of ITI, Nawanshahr, falling under Police Station, Nawanshahr, allegedly caused by truck bearing registration No.PAC-2833 driven by respondent No.1, owned by respondents No.2 and 3 and insured with respondent No.4, and succumbed to his fatal injuries. No FIR was registered qua this accident, rather only a DDR was got recorded.

(3.) Widow and children of deceased Dharam Dutt filed a claim petition under Section 163-A of the Act, claiming compensation in accordance with Second Schedule of the Act, before the Tribunal, who after holding trial dismissed the claim petition vide impugned award dated 17.01.2000 on the ground that claimants could not prove alleged accident and resultant death of Dharam Dutt in it.