Judgment

A.M. Khanwilkar, J.

1. This appeal, by special leave, filed by the claimants assails the judgment and order of the High Court of Uttarakhand at Nainital in Appeal From Order No.125 of 2015 dated 5th March, 2015, whereby the appeal was dismissed and the order passed by the MACT/Additional District JudgeIII, Rudrapur, Udham Singh Nagar, dated 10th December, 2014 in Motor Accident Claim Petition No.147 of 2012 dismissing the claim petition on the finding that the accident in question was not on account of rash and negligent driving of Truck bearing No. U.P.32 Z2397 but on account of rash and negligent driving of Maruti Car bearing No. U.P.02 D5292 resulting in death of Balvinder Kaur who was sitting in the car driven by Manjeet Singh, came to be upheld.

2. Briefly stated, appellant No.1 asserted that when he was returning home to village Bindukhera with his wife Balvinder Kaur, the mother of appellant Nos.2 to 4, from his matrimonial home at village Kuankhera, District Bijnaur along with his cousin brothers Manjeet Singh and Bittu and his son Karanjeet Singh on 28th November, 2010 in a Maruti Car bearing No. U.P.02 D5292 which was being driven by Manjeet Singh, son of Kashmir Si