SATRAM DASS Vs. CHARANJIT SINGH

JUDGEMENT

(1.) The appellants have challenged the award of the Claims Tribunal whereby their claim petition has been dismissed by the Claims Tribunal.

(2.) On 17 th November, 1997 at about 05:30 A.M., the deceased, Prem Kumar is alleged to have left his house for bringing milk on his two wheeler scooter bearing No.DL-8SG- 0145. When the deceased reached JP Market T-Junction at Pitampura, he has alleged to have been hit by bus No.DEP- 5399. A PCR van reached the spot and took the deceased to Hindu Rao Hospital but he succumbed to the injuries on the way and was declared dead by the doctor on duty in the hospital. The deceased was survived by his parents who filed the claim petition against the driver, owner and insurance company of the bus bearing No.DEP-5933.

(3.) The father of the deceased appeared in the witness box as PW-1 and deposed that the deceased was aged 20 years at the time of the accident. He proved the Senior Secondary certificate of the deceased as Ex.PW1/1. He further deposed that the deceased was having his own shop of general merchandise from which he was earning Rs.4,000/- per month. He tendered the certified copies of the chargesheet, notice under Section 133 of the Motor Vehicles Act, mechanical inspection report, site plan, letter written by the Investigating Officer to the transport authority, MLC, postmortem report and FIR which were marked as Ex.PW1/4 to Ex.PW1/11.