SURENDRA SINGH Vs. DHARMVEER

JUDGEMENT

(1.) The present appeal has been filed against the order dated 04.09.2002 passed by the learned Motor Accident Claims Tribunal, Hanumangarh in Civil Misc. Case No. 68/1996.

(2.) Brief facts of the case are that the appellants being minor, preferred a claim petition through their natural guardian grand-father Ishari Singh, for the compensation on account of the death of their father Sh. Hanuman Singh. In the claim petition, it was averred that the father of the applicants Sh. Hanuman Singh on 30.11.1995 while travelling from Hanumangarh town to Dungargarh in the Maruti Car No. CH01-D8620 met with an accident at around 10.45 P.M. on Hanumangarh Rawatsar road near Bhunawali Dhani.

(3.) It was further submitted that Hanuman Singh died in the accident due to the rash and negligent driving of driver Dharamveer. The First Information Report No. 650/95 of the accident was registered at Police Station, Hanumangarh town. Reply to the claim petition was filed by the respondents no. 1 to 3 denying allegations that the car was driven by the respondent No. 1 rashly and negligently. On the contrary, it was submitted that the accident occurred due to the car being hit from behind by a truck which after hitting from behind, ran away from the spot. The other persons who were travelling in the car could not note down the number of the truck because of shock and trauma due to the accident.