JOGENDER SINGH Vs. NEW INDIA ASSURANCE COMPANY

JUDGEMENT

(1.) THIS appeal is against the award dated 3rd August, 2004, passed by the Motor Accident Claims Tribunal, Nainital for enhancement of the amount of award.

(2.) THE claimants appellants preferred a claim petition under Section 166 of the Motor Vehicles Act, for the grant of compensation on account of the death of Sri Raju @ Sukhwinder @ Lakhvinder in a motor vehicle accident. According to the claimants on the fateful day on 25th April, 2000 at 5.30 a.m. the deceased parked his tanker No. MH 04-C 2035 in front of Surya Parking Dhaba on Mumbai-Pune Road, P.S. Vadgaon. A truck No. KA/22-B-2798 came from the opposite side from Mumbai, which was being driven rashly and negligently and dashed the tanker of the deceased. The deceased was sitting in the tanker; he sustained fatal injuries and died instantaneously. The conductor of the truck also sustained injuries in the accident. According to the complainants at the time of accident the deceased was 26 years of age and he was earning Rs. 6,000 per month.

(3.) THE claimants examined PW 1 Jogender Singh and PW 2 Jeet Singh and have filed certified copy of the F.I.R. charge-sheet and post-mortem report.