KHIALI RAM Vs. YASH PAL

JUDGEMENT

(1.) THIS appeal has been preferred by the claimants who lost his son in motor accident on 26.3.1999. The case instituted was that on the fateful day, the deceased, son of the appellants, aged about 10 years, studying in 5th standard, was standing on the road side with his father when he was hit by a maruti van, belonging to respondent No.1. Respondent No. 3 is the driver, since deceased.

(2.) ON the entirety of evidence, the learned trial Court dismissed the petition holding that it was not established on record that Maruti van bearing No. DL-1CC-7192, the vehicle involved in the accident, caused the death of the son of petitioners. The Court held that in the First Information Report, lodged by the father of the deceased-appellant No.1 herein, there was categorical admission on his part that he did not see the driver and that colour of the vehicle was also red. In fact it was proved on record that the vehicle in question was white. The Court concluded that it was a hit and run case and the petitioners could make their claim under that provision and not by filing a petition under Section 166 of the Motor Vehicles Act. The Court also held that the petitioners have not brought on record anything with respect to the challan which had been filed in a criminal case instituted against the deceased driver Madan Lal, respondent No.3.

(3.) I have heard learned counsel appearing for the appellants and gone through the record.