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2007 Supreme(P&H) 1563

PERMOD KOHLI
Lakhu Singh – Appellant
Versus
Uday Singh – Respondent


Judgment

Permod Kohli, J.

1. This appeal arises out of award dated 3.9.1987 passed by the motor Accidents Claims Tribunal, Gurgaon (hereinafter referred to as the Tribunal)whereby the claim petition preferred by the claimants-appellants has been dismissed.

2. Factual background as emerges from the record of the case is that one Bijender alias Vijay Pal met with accident at bus stand at village Manesar with Maruti van bearing No. DID 2632. It is alleged in the petition that offending vehicle was driven by Uday Singh in a rash and negligent manner. Vehicle was in a high speed and without blowing any horn, hit the victim who was standing on his own side. Driver took away the victim in the said Maruti van on the pretext of getting him treated. In view of the fact that there was no space in the vehicle, no other person boarded the vehicle. It was further alleged that the body of the deceased was recovered somewhere near Dharuhera on 6/7.12.1985, i. e. , four days after the said accident. An F. I. R. was lodged by Lakhu Singh, the father of the deceased wherein the registration number of the van was also mentioned. The police of P. S. Sadar, Gurgaon investigated the case and filed a charg



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