BEERA Vs. GENERAL MANAGER,

JUDGEMENT

(1.) The award dated 19.8.2008 passed by Motor Accident Claims Tribunal, Rohtak (hereinafter referred to as 'the Tribunal') has been assailed by the brothers and sisters of deceased-Kala Ram aged 32 years being aggrieved of dismissal of claim petition filed under Section 166 of the Motor Vehicles Act,1988 (for short 'the Act').

(2.) The record of this appeal was burnt and from the salvaged record of the partially burnt cases, the same was reconstructed subject to all just exceptions and further verification.

(3.) The facts in brief are that on 10.1.2007 Kala Ram (deceased) along with driver Chhotu and owner of vehicle namely Mosam were on their way to Chandigarh from their village, in dumper bearing registration No.HR- 38-F/5732. On their way due to heavy fog there was a traffic jam. The driver stopped the dumper behind the Haryana Roadways bus bearing registration No.HR-45-7309. On instructions from the driver Kala Ram alighted the dumper to assess the situation of jam. He was proceeding towards the divider 1 from the space between the dumper and the Haryana Roadways Bus. In the meantime, the offending vehicle owned by the Punjab Roadways Corporation being driven in a rash and negligent manner struck against the stationary dumper. As a result, Kala Ram got sandwiched between the dumper and Haryana Roadways bus and died at the spot. FIR No.13/27 was registered at Police Station Sadar, Thanesar District Kurukshetra.