HEMANT GUPTA, J. - (1.) THE challenge in the present appeal is to the award passed by the learned Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as the Tribunal), whereby the claim application filed by the appellants under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred ' to as the Act), was dismissed on the ground that the appellants have not been able to prove that the accident was caused due to rash and negligent driving of the offending truck driver.
(2.) IT is the case of the appellants that on 21.11.1997, deceased Piare Lal was going on his bicycle to attend the job in Samrat Forging at Ghalu Majra, Tehsil Rajpura, Distt. Patiala. He was going on the left side of the Chandigarh -Ambala road when a truck bearing registration No. HR -01 -GA -0269, came from the backside and struck against his cycle. The cyclist fell down and sustained multiple injuries including head -injury and died thereafter. The driver of the truck did not stop the truck and fled away from the spot. An FIR was registered in this respect. It is claimed by the appellants that the accident was witnessed by one Jaswant Singh who was coming from Chandigarh in his car. Respondent Nos. 1 and 2, alleged to be owner and driver of the offending vehicle respectively, put in appearance before the learned Tribunal on 13.8.1998 i.e. the first date after the notice was issued. Shri Dinesh Kumar, Advocate, filed his memo of appearance. Subsequently, the power of attorney as well as written statement on behalf of respondent Nos. 1 & 2 was filed admitting the accident.
(3.) IN the written statement filed on behalf of the New India Insurance Company Limited -respondent No. 3, it was alleged that the driver of the truck was not holding a valid and effective driving licence. The Insurance Company was given permission to contest the claim petition on merits under Section 170 of the Act. The learned Tribunal dismissed the claim petition vide order/award dated 4.3.2002. Against the said award, the claimants are in appeal.;