JUDGMENT

G. P. Mittal, J. (ORAL)

1. The Appellants who are the parents of the deceased Sunny who died in a motor accident which occurred on 01.08.2008 impugn a judgment in MACT No.611/2008 decided by the Motor Accident Claims Tribunal, (the Tribunal) on 13.12.2010.

2. In the Claim Petition filed before the Tribunal, it was averred that on 01.18.2008 at about 5:30 A.M. a two wheeler number DL-7S-BA-4864 met with an accident while it was being driven by Respondent No.1 (Adarsh Kumar) and the deceased Sunny was riding as a pillion rider.

3. The Tribunal by the impugned judgment found that the deceased himself was driving the two wheeler and Respondent No.1 Adarsh Kumar (owner of the two wheeler) was one of the two pillion riders on the said two wheeler.

4. The learned counsel for the Appellants does not dispute that the two wheeler was driven by the deceased himself and that the accident took place by skidding of the two wheeler. The Tribunal relied on the unchallenged testimony of R2W1 to reach the conclusion that the deceased was driving the two wheeler.

5. The learned counsel for the Appellant submits that the judgment in Ningamma & Anr. v. United India Insurance Company