- (1.) This is appeal filed by claimants Rati Pal and others against the award passed by Motor Accident Claims Tribunal, Fatehgarh Sahib (later referred to as 'the Tribunal'), whereby claim petition filed by claimants under Section 166 of the Motor Vehicles Act, claiming compensation for death of Sundra Rani wife of claimant no. 1 and mother of claimants no. 2 to 5, was dismissed.
(2.) Case of claimants, in brief, is that on 23.06.2002, Sundra Rani alongwith her ailing daughter, was going on cycle of his husband Rati Pal. At about 06.00 p.m., when they reached near over bridge, Sirhind, a car bearing registration no. HR-26-E- 4883, came from behind and hit the cycle from behind as a result of which Sundra Rani and daughter of claimant no. 1 fell on the road. Sundra Rani received serious injuries and died at the spot while Neelam Devi (daughter of claimant no. 1) and claimant no. 1 received injuries on their head and leg. Neelam Devi and Sundra Rani were taken of Civil Hospital, Fatehgarh Sahib, where Sundra Rani was declared brought dead. Claimants alleged that accident was caused by respondent no. 1-driver of the offending vehicle due to its rash and negligent driving.
(3.) Respondents no. 1 and 2 i.e. driver and owner of the offending vehicle filed joint reply denying the accident and all the averments of claimants.;