HARI SINGH Vs. PANGRUDIN

JUDGEMENT

(1.) THE present appeal filed by the appellants-claimants, who are the legal representatives of the deceased Mahendra Pal Singh, arises out of the judgment and award dated 30th September, 1997 passed by the Motor Accident Claims Tribunal and Addl. District, Judge, Khetri, District Jhunjhunu (hereinafter referred to as 'the Tribunal') in MAC No. 118/95, whereby the Tribunal has dismissed the Claim Petition of the claimants.

(2.) THE short facts giving rise to the present appeal are that on 23.1.95 at about 11.00 PM, the deceased Mahendra Pal Singh was going towards Ajmer from Kishangarh driving his truck bearing Registration No. HR 35-3991. When he reached near Tolamala area, another truck bearing Registration No. RJ-2G-1817 came from the opposite site. According to the appellants-claimants, due to rash and negligent driving of the truck driver of the said truck, it dashed with the deceased's truck, as a result thereof, the truck of the deceased turned turtle. The deceased, therefore sustained fatal injuries and he succummed to the said injuries. The appellants-claimants, therefore, had filed their claim petition before the Tribunal claiming compensation against the respondents, who are the driver, owner and Insurance Company respectively of the offending truck. The Tribunal after appreciating the evidence on record dismissed the said petition on the ground that the claimants had failed to prove that the driver of the truck No. RJ-2G-1817 was negligent in driving his truck and, therefore, no liability could be fastened on the owner and the Insurance Company of the said truck. Being aggrieved by the said judgment and award, the appellants-claimants have filed the present appeal.

(3.) HOWEVER , the learned counsel Mr. Kartar Singh for Mr. Pritam Bijlani for the respondent No.3 Insurance Company submitted that when the deceased himself was found to be negligent in driving his truck, no liability could be fastened on the owner or the Insurance Company of the truck in question.