OMI DEVI Vs. RAJINDER SINGH

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act is directed against the award of the Motor Accident Claims Tribunal, Hamirpur, H.P. (hereinafter referred to as the Tribunal), in MAC Case No. 55 of 1995 decided on 14.3.2001 whereby the claim petition filed by the claimants has been dismissed.

(2.) The facts necessary for the decision of this case are that claimants are the widow and minor children of Rajinder Kumar. Rajinder Kumar died in an accident which took place on 14.12.1993 at 6 p.m. near a place called Gidarwah in District Faridkot, Punjab.... the claim petition it was alleged that the deceased was travelling in Car No. HIE -1191 and the said Car was owned by the Pene Ram @ Painu Ram and was being driven by Gurudev Singh in a rash and negligent manner. Initially one Rajinder Singh was shown to be owner of the Car but later on Painu Ram was also impleaded as a respondent.

(3.) Initially Rajinder Singh and Gurudev did not put in appearance and the MACT, Hamirpur passed an award in favour of the claimants for a sum of Rs.2,70,000/ -. However, later on Rajinder Singh filed an application for setting aside the ex -parte award and the award was set -aside. Thereafter, Paine Ram was also arrayed as on of the owners. The witnesses earlier examined were tendered for cross -examination. The parties led further evidence. Gurudev Singh driver did not appear through out the proceedings. The Tribunal vide the impugned award has dismissed the claim petition on the ground that the accident in question did not take pace with vehicle No HIE -1191. The Tribunal has come to the conclusion that the number of the Car as recorded in the police record was UIB -1191. He has further cone to the conclusion that Painu Ram had sold the vehicle to some scrap dealer (Kabari) from Ganga Nagar and as such Car No. HIE -1191 was not even in existence when the accident occurred.