SUDESH Vs. RAJINDER KUMAR

JUDGEMENT

(1.) This appeal is directed against award dated 14.02.2012 passed by Motor Accidents Claims Tribunal, Hisar, vide which, claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) filed by claimants Smt. Sudesh and Mandeep against respondents Rajinder Kumar and others had been dismissed. The petitioners/claimants, who are appellants before this Court prayed that appeal be accepted, impugned award passed by the tribunal be set aside and the claim petition filed by them be accepted and compensation as prayed for, be awarded to them.

(2.) Briefly stated facts of the case are that petitioner/claimant Smt. Sudesh, aged about 40 years, wife and Master Mandeep, minor son of Balraj, an unfortunate victim of a road side accident had filed a claim petition under Section 166 of the Act for grant of compensation against the respondents i.e. Rajinder Kumar-driver/owner, Gurbachan Singh- owner of Ford Tractor-3600-cum-trolley bearing registration No.RJ-10- R-1330 besides registered owner and insurer of said tractor trolley without mentioning their name and addresses, rather, written that these are not known to the petitioners/claimants and were to be disclosed by respondent Nos.1 to 3, claiming compensation to the tune of Rs.30 lacs.

(3.) As per version of petitioners/claimants on 10.02.2009, Satish Kumar was travelling on scooter No.HR-24-J-1762 going towards Sirsa, at about 6.30 PM when he reached Bhowdin Mandi road, a tractor trolley was found to be there on the road without any indicator or reflector. It was raining at that time. The scooter of Satish Kumar struck the tractor trolley from behind, resultantly, he suffered multiple injuries on his body including on his face, right foot, knee and below knee. He observed that a young boy had already met with an accident with the said tractor trolley and his motorcycle had also struck the rear portion of the trolley. Satish Kumar injured was taken to Civil Hospital Sirsa, where he was medically treated and medico-legally examined. On coming to know about admission of Satish Kumar injured in the said hospital, the local police came there and recorded his statement with regard to the accident on 11.02.2009. On the basis of that statement, formal FIR No.19 of even date was recorded at PS Ding, District Sirsa. After registration of the formal FIR, the matter was investigated. The Investigating Officer went to the spot and carried out spot inspection. The Investigating Officer found driving license from the pocket of deceased Sandeep. Post mortem examination on the dead body of Sandeep was got conducted. Thereafter, the dead body of Sandeep was handed over to his parents. After completion of investigation, respondent Rajinder Kumar was challaned.