- (1.) Instant appeal by the claimants-appellants u/Sec. 173 of the Motor Vehicles Act, 1988 is directed against the order dt.28/02/2002 passed by the Motor Accident Claims Tribunal, Behror in MAC No.2/1999 whereby claim petition of the claimants-appellants has been dismissed.
(2.) Brief facts of the case are that on 11/11/1997 at about 10 PM, one Sher Singh, while going on his Scooter No. HR-34/5528 from Behror to his village Riwali, a vehicle bearing Matador No.RNA-43-Matador Tata-408, which was coming from wrong side and was being driven by his driver in rash and negligent manner, hit the Scooter and resultantly, the Scooter dashed with a tree of Badberi and consequently, Sher Singh sustained grievous injuries on head and died on the spot. It is claimed that the deceased (Sher Singh) was a driver in the Roadways and was drawing salary of Rs.5000/- per month and was aged about 35 years.
(3.) The Tribunal, in the impugned order, has disbelieved version of the claimants-appellants and has dismissed the claim petition filed by the claimants-appellants which is assailed herein.;