JUDGMENT :

This is claimants’ Appeal under Section 173 of Motor Vehicles Act, 1988. Appellants have challenged the judgment & order dated 26.04.2012 passed by M.A.C.T./District Judge, Udham Singh Nagar, whereby the Claim Petition filed by them, under Section 166 of the aforesaid Act, was dismissed.

2. The Claim Petition was filed by wife and two minor daughters of Prem Nath @ Prem Chand, who died in a road accident. It was stated that Prem Nath @ Prem Chand, while returning home with one Mr. Vinay @ Bhutul on a scooter, was hit by a truck, bearing registration no.HR-38-F-2163, on Nainital road near Britannia Factory, within the jurisdiction of Police Station Pant Nagar on 24.10.2005 at about 08:30 p.m. and, due to the impact of collusion, both persons sustained grievous injuries; Vinay @ Bhutal was taken to nearby Government Hospital, where doctors declared him brought dead; while, Prem Nath @ Prem Chand was taken to Sai Hospital, Moradabad for treatment however, during treatment, he succumbed to his injuries, on 27.10.2005. It was further stated in the Claim Petition that the accident was witnessed by Upendra & Babloo, who later gave information regarding the registration number of