Since the onus to prove the above issue was on the claimant, said Pankaj son of Devinder Sharma, who had witnessed the occurrence, was produced before the learned Tribunal. He inter-alia deposed that on 28.09.2012, while he was driving truck bearing No.HR65-6577 and coming from Gaziabad to Panchkula, at that time yet another truck bearing registration No.HP19-B-4895 was ahead of his truck and proceeding towards Panchkula. It was being driven by Janardhan Chaudhary, respondent No.3 in the appeal, and Rishant Sharma (deceased) was also present in the said truck as a cleaner. Both the trucks were loaded with steel. At about 6.30 a.m, when both the trucks reached within the jurisdiction of village Mattanwala, near Ramgarh at BarwalaPanchkula road, Janardhan Chaudhary, the driver of the offending vehicle, lost control over the truck and it struck against eucalyptus (safeda) tree standing on the side of the road. Resultantly, Rishant Sharma (deceased) suffered multiple injuries on his vital organs including a head injury which proved fatal. He further deposed that the accident had occurred due to the rash and negligent driving of the offending vehicle No.HP19-B-4895 by Janardhan Chaudhary (driver).
