Judgment :-

S.B. Sinha, J.

1.1. Leave granted.

2.2. Claimants before the Motor Vehicles Accident Claims Tribunal (for short, `the Tribunal) are before us aggrieved by and dissatisfied with a judgment and order dated 10.6.2008 passed by the High Court of Uttarakhand at Nainital in AFO No.101 of 2006 and AFO No.107 of 2006.

3.3. The deceased Diwan Pal Singh was driving a Maruti car bearing registration No.UHP-4787 belonging to one Gopal Sharan Paliwal from Bareilly to Haldwani. He was an Assistant Engineer working in Uttar Pradesh Avas Evam Vikas Praishad, a statutory organisation. He was accompanied by one T.K. Pandey, one of his colleagues.

4.4. Allegedly, a truck bearing registration No. UP 25-6235 was parked in middle of the road. It did not put on the lights. Claimants contend that although the car was being driven at a nominal speed of 40 km per hour, owing to another vehicle coming from the other side and as the parking lights of the tuck being not on, it was sighted at the last minute. Deceased tried to take the car towards left side but it dashed against the truck resulting in the death of Diwan Pal Singh. A sum of Rs.50,50,000/- was claimed, inter alia, on the premise that h