Surinder Gupta, J. - (1.) Sulekh Chand and Santosh claimants -appellants filed petition under Sec. 166 of the Motor Vehicles Act claiming compensation for the death of Reena Devi in a motor vehicle accident with truck bearing registration No. HP -17 -9364 (later referred to as 'the offending vehicle'), which was dismissed by Motor Accident Claims Tribunal, Yamuna Nagar (later referred to as 'the Tribunal') with the observation that death of Reena Devi as a result of accident with the offending vehicle is not established. Being not satisfied, claimants have filed this appeal against the award passed by the Tribunal. BRIEF FACTS: -
(2.) Two claim petitions bearing MACT Nos. 46 and 47 of 2005 were filed, claiming compensation for the death of Shiv Kumar and Reena Devi in a motor accident. Facts relating to the accident as incorporated in para 24 of the claim petition in MACT No. 47 of 2005 relating to death of Reena Devi in the accident reads as follows: - "That on the fateful day of 22nd January, 2005, the deceased alongwith her maternal uncle was going on the motorcycle bearing registration No. HR -05P -1205, for going to Yamuna Nagar, to purchase the articles for the marriage of the deceased. The motorcycle No. HR -05P -1205, was being driven by Shiv Kumar. (sic) After crossing the Railway over bridge, when they reached near Kamani chowk, in the meanwhile, the offending truck No. HP -17 -9364, being driven by the respondent No. 1 at a very fast speed in a rash and negligent manner, came from back side, and hit against the motorcycle of the deceased and due to the impact of the same, the deceased and her maternal uncle fell down on the road and were (being) crushed by the offending truck and both of them died on the spot. The present accident has occurred because of the sole, rash and negligent driving of the truck by the respondent No. 1. Had the respondent No. 1 observed caution and the rules of the road, the present accident would not have occurred and the precious life of the deceased would have been saved."
(3.) Case of claimants, in brief, is that the deceased was 21 years of age. She was self -employed and running a coaching/tuition centre, thereby earning Rs. 8000/ - per month. Claimants are parents of the deceased and her death has caused great mental pain and agony to claimants. They claimed compensation of Rs. 10 lacs for the death of their daughter.;