AMRIT KAUR Vs. CHAMAN LAL

JUDGEMENT

(1.) Claimants have preferred this appeal against the Award made on 23/03/1987 by Motor Accident Claims Tribunal (II), Shimla, awarding a sum of Rs. 15,000.00 only under Section 92-A of the Motor Vehicle Act, 1939 (hereinafter referred to as 'the Act') and dismissing the claim petition as barred by limitation.

(2.) On 9/10/1982, Ram Singh, the husband of appellants Nos. 1 and 2 and father of appellants Nos. 3 to 5, who was working as Book Binder in Government of India Press, Shimla, got lift in Truck bearing registration No. CHW-505, owned by Respondent No. 1, from Police Barrier Boileaganj, Shimla. He was to go to Lady Reading Hospital, Shimla to see his sister's daughter. Lift was obtained at about 12.00 p.m. The truck had hardly covered a distance of about 1 Furlong when it rolled down and fell below the Tuti-kandi road. As a result of this accident, both the truck driver and said Shri Ram Singh died on the spot. Imputing rash and negligent driving on the part of the truck driver, a claim petition was preferred by claimants appellants under Section 110-A of the Act, before the Motor Accident Claims Tribunal, Shimla on 29/03/1983, impleading Respondent No. 1 alone as party. The said claim petition was registered as M.A.C. No. 8-S/2 of 1983.

(3.) The Respondent though served in the claim petition, failed to put in appearance and on 2/07/1983, he was proceeded against ex parte. The case was fixed for 27/07/1983 for the appellant's evidence, which was neither summoned, nor produced. Case was adjourned to 5/09/1983, on which date, statement of Head Constable Rikhi Ram, PW 1 was recorded, who produced the relevant record from Police Station, Boileaganj about the accident and proved F.I.R., in support of the claimants' allegation that accident had occurred due to rash and negligent driving on the part of the Truck Driver. No other evidence was present. The case was adjourned to 6/09/1983, for remaining evidence on which date none appeared for the claimants and the claim petition was dismissed in default.