Decided on July 05,2013

LAXMI DEVI Appellant
OM PRAKASH Respondents


B.S.VERMA, J. - (1.) THIS appeal, U/S 173 of the Motor Vehicle Act, 1988, is directed against the judgment and award dated 16 -12 -2006, passed by Motor Accident Claims Tribunal/ District Judge, Dehradun in M.A.C.T. Case No. 16 of 2006, whereby the claim petition filed by the claimants - appellants has been dismissed.
(2.) BRIEF facts of the case giving rise to this appeal are that Arjun Singh (deceased) on 28.11.2005, at 8.00 p.m. after finishing his duty was going to his house and when he reached near I.S.B.T. Gate Dehradun on Saharanpur -Haridwar Bye -pass, a half body truck bearing registration No. HR -38 -D -9933 came from Saharanpur side in a rash and negligent manner and hit the Arjun Sinngh due to which he sustained injuries and while being taken to hospital died in the way. The driver of the truck also ran away from the spot. The report of the accident was lodged by Constable Ummed Singh upon which a case crime No. 279/2005, U/S 304 -A IPC was registered against unknown driver of unknown truck. The claimants who are widow, two major and two minor children of deceased Arjun Singh, filed claim petition claiming compensation of Rs. 13,60,000/ -.
(3.) THE O.P. No.1 and 2, driver and owner of the offending truck contested the claim petition by filing joint W.S. pleading that no accident had occurred from the aforesaid truck. The O.P. No.3 insurer of the truck also filed W.S. and alleged that the driver of the truck was not holding a valid driving license and the truck was not insured with it.;

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