A.M.KHANWILKAR,J. - (1.) This appeal, by special leave, filed by the claimants assails the judgment and order of the High Court of Uttarakhand at Nainital in Appeal From Order No.125 of 2015 dated 5th March, 2015, whereby the appeal was dismissed and the order passed by the MACT/Additional District Judge-III, Rudrapur, Udham Singh Nagar, dated 10th December, 2014 in Motor Accident Claim Petition No.147 of 2012 dismissing the claim petition on the finding that the accident in question was not on account of rash and negligent driving of Truck bearing No. U.P.-32 Z-2397 but on account of rash and negligent driving of Maruti Car bearing No. U.P.-02 D-5292 resulting in death of Balvinder Kaur who was sitting in the car driven by Manjeet Singh, came to be upheld.
(2.) Briefly stated, appellant No.1 asserted that when he was returning home to village Bindukhera with his wife Balvinder Kaur, the mother of appellant Nos.2 to 4, from his matrimonial home at village Kuankhera, District Bijnaur along with his cousin brothers Manjeet Singh and Bittu and his son Karanjeet Singh on 28th November, 2010 in a Maruti Car bearing No. U.P.-02 D-5292 which was being driven by Manjeet Singh, son of Kashmir Singh, the said car met with an accident causing serious injuries to the persons travelling therein, including the death of Balvinder Kaur. The maruti car had dashed against Truck bearing No. U.P.-32 Z-2397 which was running ahead of it. According to the appellants, the truck driver suddenly applied brake while the truck was in the centre of the road, bringing it to the right side, as a result of which, the maruti car collided with the truck from the back. Balvinder Kaur eventually succumbed to her injuries on the same day i.e. 28th November, 2010, while she was being treated at Govt. Hospital, Kashipur. After that, an F.I.R. was registered on 4th December, 2010 at police station Kunda, District Udham Singh Nagar, bearing No.93/10 u/s 279 for offences punishable under Sections 304A, 337, 338 and 427 of IPC. The appellants asserted that Balvinder Kaur was gainfully employed and earned around Rs. 10,000/- (Rupees Ten Thousand Only) per month from the dairy business.
(3.) On these assertions, a claim petition was filed before the Motor Accident Claims Tribunal/Additional District Judge-III Rudrapur, Udham Singh Nagar being M.A.C. Case No.147/2012. Appellant No.1 who was travelling in the car along with his wife deposed before the Tribunal. Appellants also examined Manjeet Singh who was driving the Maruti Car bearing No. U.P.-02 D-5292 at the relevant time. The appellants also relied on the charge-sheet filed by the police against respondent No.3 (Parasnath) driver of the offending truck.;