- (1.) Mewa Devi wife of Mange Ram and her six children (appellants) filed claim petition under Section 166 of the Motor Vehicles Act seeking compensation for the death of Mange Ram in a motor accident while traveling in Maruti Van bearing no. PIL- 9875. The Motor Accident Claims Tribunal, Karnal (later referred to as 'the Tribunal') dismissed the petition with observations that the accident had taken place due to sole negligence of driver of Maruti Van, as such, claimants are not entitled to any compensation.
(2.) Case of claimants, in brief, is that on 28.06.1994, deceased alongwith his brother-in-law Ramesh Kumar, Angrez Singh driver and Satbir Singh started from village Bijna, Tehsil and District Karnal for going to village Kirmach, District Kurukshetra in Maruti Van No. PIL-9875. When the Van reached near village Padhana and was 11/4 furlong away from village Nilokheri, a tractor-trolley (later referred to as 'the offending vehicle') was standing on the G.T. road without any parking light or indication. The driver of Maruti Van could not see the parked (offending) vehicle and hit the Van into same. The accident was caused due to negligent act on the part of respondent no. 1-Ram Kumar who had parked the offending vehicle on the G.T. road without any indicator. The deceased received multiple grievous injuries on various parts of his body which resulted in his death. The matter was reported to police vide FIR No. 272 dated 28.06.1994, registered at Police Station Butana (P.P. Nilokheri). The deceased was employed as sweeper in Safdarjang Hospital, New Delhi and was getting a salary of Rs. 2000/- per month. Due to sudden demise of Mange Ram, claimants have lost an earning member and were deprived of his love and affection.
(3.) In the written statement respondents no. 1 and 2 (driver and owner of the offending vehicle) admitted the accident but took the plea that accident had taken place due to fault, carelessness and rash driving on the part of driver of Maruti Van No. PIL-9875. Respondent no. 1 was not present at the spot at the time of accident nor the tractor was present there. Only trolley of the tractor was standing on left side of the road on kacha portion. It was alleged that on 28.06.1994, respondent no. 1-Ram Kumar alongwith one Paras Ram had gone to Karnal for the purchase of marble for construction of their house. While returning, at about 09.00 p.m., right side wheel of the trolley got punctured near village Padhana. Ram Kumar took the trolley on kacha portion on left side of the road and went to Nilokheri to get the tube of trolley repaired. He had put stones around the trolley so that vehicles could pass easily on the highway. Had driver of Maruti Van been little bit careful in driving the vehicle the accident could be avoided.;