KAMLESH AND ORS. Vs. ATTAR SINGH AND ORS.

JUDGEMENT

(1.) Leave granted.

(2.) The appeal has been preferred by the claimants aggrieved by the dismissal of their claim petition and setting aside award passed by the Motor Accidents Claims Tribunal, Sonepat on 5.8.2005 in Claim Petition No.217/2002/2004 by the High Court of Punjab & Haryana at Chandigarh vide judgment and order dated 4.9.2009 in FAO No.345/2007.

(3.) The claimants Kamlesh, widow of deceased Rishi Parkash, three minor sons and mother of the deceased filed a claim petition as against the driver, owner and insurer of Maruti Car No.DL4CC -5172 and driver of three- wheeler Tempo No.HRH-3572. The compensation of Rs.12 lakhs was prayed on account of the death of Rishi Parkash in the accident dated 8.5.2003 caused due to the collision between Maruti car and tempo. Maruti car was driven by Rajinder Singh whereas the tempo was driven by Attar Singh, respondent No.4. Deceased Rishi Parkash was travelling in the tempo towards village Naina Tatarpur. As per the claimant Attar Singh was driving the tempo on his right side at a normal speed in due observance of the traffic rules. When he reached about 1.5 km. from Barwashni towards Gohana, Maruti car came from the opposite side and struck the tempo inbetween near footstep as a result of which Rishi Parkash received injuries and succumbed to them on the way to the hospital. Postmortem was conducted. Respondent No.1 Rajinder filed an FIR No.77 under section 279-304-A IPC against Attar Singh. Deceased was aged 36 years and was working as a Supervisor in Emkay & Co. He was receiving a salary of Rs.4,500 per month. Maruti car was owned by Hukam Chand and insured with Oriental Insurance Co. Ltd.