VIVEK AGARWAL,J. - (1.)This Misc. Appeal has been filed by the appellants/claimants being aggrieved by the award dated 07.08.2012 passed by the Additional Motor Accident Claims Tribunal Datia in Claim Case No.13/2011 dismissing the claim on the ground that the driver of the car in which the deceased was travelling was negligent in driving the car and therefore the Tribunal held that the accident had not taken place due to negligence of the truck driver and in view of such facts, the claim has been rejected.
(2.)It is the contention of the learned counsel for the appellants that on the fateful day i.e. 10.05.2011 a report was lodged by Akhlesh S/o Gorelal to the effect that accident had taken place from truck No.U.P.78 B.T.8981 and in the FIR itself it is mentioned that when Akhlesh was coming to approach RTO Barrier Sikandara, then a truck which was ahead of him was turned by the driver on the right hand side as a result car driven by him had hit the truck and left hand portion of the car had come under the front right hand wheel of the truck causing death of Dr. Chandresh Mohan on the spot and further causing injuries to the driver.
(3.)It is further submitted that the deceased is survived by a wife and two children and further that as per Ex.P/19 admit card, the son of the deceased was preparing for CAT examination, for which he was required to appear on 23.11.2010. Similarly, daughter Pooja Goswami had completed her Bachelor of Veterinary Science and Animal Husbandry course. She was pursuing her post graduation studies. He has drawn attention to the evidence of Akhlesh Sen (P.W.3) and submits that Akhlesh Sen had categorically mentioned that when he had reached to the barrier several trucks were lined up on the left hand side. When he was trying to cross the barrier, the offending vehicle came out of line and hit the car. He further mentions that the car was hit with the diesel tank of the truck and since there was divider on the other side, car had collapsed between the truck and divider. He has further mentioned that at the spot, there was a sweet shop and persons from RTO office were sitting who had called the police personnel from Dinara Police Station. It has come on record that the driver Akhlesh Sen (P.W.3) was having a valid driving licence to drive the car, which was renewed on 17.2.2009 to 16.2.2014. He further admitted that car was hit with the truck on the side. He denied the suggestion that he had tried to overtake the truck. He denied the suggestion that the offending vehicle was moving ahead of him and he tried to overtake it, as a result accident had taken place. He also denied the suggestion that accident had taken place because of his mistake.