LAXMI DEVI Vs. OM PRAKASH
HIGH COURT OF UTTARAKHAND
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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.
(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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