GURMEET SINGH Vs. RAM PYARI AND ANR

JUDGEMENT

(1.) This appeal has been preferred under Section 173 of the Motor Vehicles Act of the Motor Vehicles Act, 1988 against the judgment and award dated 27.1.2011 passed by the Judge, Motor Accident Claims Tribunal, Sri Ganganagar in MACT Case No. 111/2007 whereby the Insurance Company has been exonerated and the appellants were held responsible to pay compensation.

(2.) Short facts of the case are that on 23.8.2006 at 5.30 p.m. the deceased Jagdish Chand was going on his motor cycle from village Natewala. The truck bearing number RJ 13G 9348 coming from opposite side hit the motor cycle of the deceased and Jagdish Chand sustained grievous injuries and succumbed to death on the spot. The claim petition has been filed by the legal heirs of the deceased. In reply to the claim petition, the present appellants, who are owner and driver of the truck, have contended that the deceased has not met with the accident with the truck of the appellants. The deceased himself was guilty of rash and negligent driving of the motor cycle and at the time of accident, he was not having any valid and effective driving licence. The learned Tribunal has exonerated the Insurance Company of the motor cycle and fastened the liability upon the present appellants.

(3.) The contention of the present appellants is that the accident has not been caused by the truck of the appellants and it was not the vehicle involved.