JUDGMENT :

This is claimants’ Appeal under Section 173 of Motor Vehicles Act, 1988 against the judgment & order dated 26.04.2012 passed by M.A.C.T./District Judge, Udham Singh Nagar in MACP Case No. 38 of 2007. By the said judgment, petition filed by appellant, under Section 166 of the aforesaid Act, was dismissed.

2. The Claim Petition was filed by wife, four minor children and mother of Mr. Vinay @ Bhutal, who died in a road accident. It was stated that while returning home with one Mr. Prem Nath @ Prem Chand on a scooter, Mr. Vinay @ Bhutal was hit by a truck, bearing registration no. HR-38F-2163, on Nainital road, near Britannia Factory, within the jurisdiction of Pant Nagar Police Station and due to the impact of collusion, both persons riding the scooter sustained grievous injuries, which resulted in their death. It was stated that the accident was witnessed by Upendra & Babloo; although FIR was lodged on 25.10.2005, however, information regarding registration number of truck was given separately on 27.10.2005, when the eyewitness to the accident informed the family members about the same.

3. The claim petition was initially filed on 31.01.2007 only against owner of the truck, w