HARMEET KAUR Vs. HARISH KUMAR

JUDGEMENT

(1.) THIS appeal by the claimants under Section 173 of the Motor Vehicles Act is directed against the award of the learned Motor Accident Claims Tribunal, Mandi, H.P., in Claim Petition No. 86 of 1998 decided on 31.12.2002 whereby the claim petition filed by the claimants has been dismissed.

(2.) BRIEF facts of the case are that the claimants who are the widow, minor children and mother of late Sh.Pritam Singh filed a claim petition under Section 166 of the Motor Vehicles Act. It is alleged that on 1.6.1997 the deceased alongwith one un-named person were travelling on a scooter. The scooter was going from Pandoh side to Mandi. When the scooter was 7 km. away from Mandi, truck No.HP-34-0662 carrying some wooden material came from Mandi side. It was being driven in a negligent manner and hit the scooter. It is alleged that the deceased and the other person on the scooter became unconscious and they were removed from the site of the accident by one Satnam Singh who was coming towards Mandi.

(3.) THE parties led evidence. It would be pertinent to mention that the claimants in the claim petition did not mention who was the pillion rider. However, during the course of the proceedings his name was disclosed to be Amarjit Singh. Thereafter, the learned Tribunal vide its order dated 24.9.2002 formed an opinion that the statement of pillion rider Amarjit Singh is necessary to decide the matter and accordingly the Criminal Ahlmad of the Court of CJM, Mandi as well as Amarjit Singh were examined as court witnesses.