RAM KALI Vs. KANGRA EX SERVICEMEN TPT

JUDGEMENT

(1.) Present appeal has been preferred by the claimants-appellants under Sec. 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as 'M.V. Act') for rejection of their Claim Petition No.45 of 2011, titled as Ram kali and others vs. M/s Kangra Ex-Servicemen TPT and others, by Motor Accident Claims Tribunal, Kullu (MACT), vide Award dtd. 19/11/2012.

(2.) According to claimants-appellants, on 14/9/2011 Raj Kumar (deceased) was travelling in a Van No.HP-34A-0759 alongwith other persons and on the way driver of the Van parked the vehicle on the side of the road to purchase some articles. In the meantime, respondent No.2-Pradeep Chand came from opposite side driving Bus No.HP-40B-9937, owned by respondent No.1-M/s Kangra Ex-Servicemen Transport Co., in a rash and negligent manner and dashed the bus against the Van causing injuries to occupants of the Van, including Raj Kumar. Injured were removed to Regional Hospital Kullu. On 15/9/2011, Raj Kumar scummbed to his injuries and his dead body was subjected to postmortem.

(3.) It is case of the claimants-appellants that deceased Raj Kumar died on account of rash and negligent driving of respondent No.2-Bus driver, but driver and conductor of the bus, in connivance with police succeeded to register FIR No.203 of 2011 dtd. 14/9/2011 in Police Station Bhunter under Ss. 279, 337, 338 and 304 of the Indian Penal Code (IPC) against Van driver.