K.J.THAKER, SUBHASH CHAND
Satyapal Singh – Appellant
Versus
Manoj Kumar – Respondent
JUDGMENT :
1. Heard Sri Sumit Suri, Advocate, holding brief of Sri Nipun Singh, learned counsel for appellants, Sri Atul Kumar Srivastava, learned counsel for respondents-Insurance Company and perused the record of Tribunal.
2. This appeal, at the behest of the claimants, challenges the judgment and award dated 29.09.2015 passed by Motor Accident Claims Tribunal, Baghpat (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 24 of 2013 whereby the claim petition has been dismissed.
3. The facts as culled out, from the record are that the deceased was a pillion rider on the two wheeler driven by Akash son of Bhanwar Singh. Both of them were returning home one Wagon-R was being driven rashly and negligently, dashed with the motorcycle whereby the driver and the deceased were injured. The accident occurred on 22.2.2013 and for a period of two days he survives.
4. On 23.02.2013, the respondent filed its reply disputing the fact that the driver of the vehicle was driving the vehicle rashly and negligently and was driving the vehicle without taking proper care and caution and the vehicle was insured with insurance company.
5. The claimants filed documentary evidence so as to prove oral docum
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