By the Court.—This is an appeal against the order dated 30.9.1997 passed by the Motor Accident Claim Tribunal/ Ist ADJ, Muzaffarnagar (the Tribunal) dismissing the claim petition No. 359 of 1992.

THE FACTS

2. Sri Sushil Chand Goel (the Deceased) was going from Agra to Muzaffarnagar by Car No. DDB-8712 (the Car) on 4.3.1992. At about 1:00 hours, the Car met with an accident with Truck No. UTL-7806 (the Truck) coming from the opposite direction.

3. In this accident, the driver of the Car was killed on the spot and the Deceased was seriously injured. He was taken to the Batra hospital, Delhi where he died on 6.3.1992.

4. Sri Pradeep Kumar Mittal was owner of the Car. He lodged an FIR on 4.3.1992 at about 2:35 hours. It was registered as Case Crime No. 87 of 1992 under Sections 279/337/304A IPC Police Station Khatauli, District Muzaffar Nagar.

5. The allegations in the FIR are as follows:

Ishwar Chand was driver of the Car. He had taken the Car to Agra. When he was going further from Agra, it met with an accident with the Truck;

In the accident, the Deceased, a relation of the car owner, received injuries and the car driver died on the spot;

This incident happened at about 1:00 hours o