D.C.DALELA, J. - (1.) A claim petition was filed by the appellants before the Motor Accidents Claims Tribunal, Tonk, on account of the death of their son Har Lal in an accident on 2.5.1987 involving a car No. BAN -85 -B 9708 owned by the respondent No. 1. Respondent No. 2 was driving the car. It is alleged that car hit the deceased Har Lal resulting in severe injuries and thereby caused his death.
(2.) THE respondents denied these facts and it was contended that the boy aged about 5 -7 was standing on the right side of the road all alone and when the vehicle came near the boy all of a sudden the boy crossed the road from right side to the left side and in this attempt he hit the left side bumper of the vehicle. According to the respondents, the accident took place without any rashness and negligence on the part of the driver. The claimants -appellants examined Amba Lal, appellant, as AW 1 and Ram Kishore as AW 2, whereas the respondents examined Khima Ram, respondent No. 2 as NAW 1 and Dharma Ram as NAW 2. During the proceedings before the learned Tribunal, an amount of Rs. 15,000/ - was awarded to the appellants as interim compensation on the principle of no fault. The learned Tribunal, after considering the evidence of both the sides, dismissed the claim petition, since the negligence of the respondent No. 2 was not proved. Feeling aggrieved by this, this appeal has been preferred by the appellants.
(3.) I have heard the arguments of both the sides.;