AADESH AGARWAL Vs. MANPAL SINGH

JUDGEMENT

(1.) This appeal, preferred under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment/award dated 10.02.2014, passed by the Motor Accident Claims Tribunal / IV Addl. District Judge, Haridwar, in M.A.C.T. case no. 66 of 2011, Aadesh Agarwal Vs Manpal Singh and others, whereby said Tribunal has awarded compensation of Rs.3,39,000/- to the claimants to be paid by insurance company along with interest at the rate of 7% per annum.

(2.) Brief facts of the case, are that on 07.03.2010, at 06:30 A.M., when Vaibhav Agarwal, Paras Agarwal, Rohit Agarwal and Ramandeep were going from Shivalik Nagar, Bahadrabad, Haridwar to Ambala by Swift car no. HR 36AT / 6363, which was being driven by Vaibhav Agarwal they met with an accident at Bahadabad-Roorkee road near Crystal World with a Tavera Car no. HR 38L / 2200, whose driver was driving the vehicle rashly and negligently at a high speed. Vaibhav Agarwal (deceased), who was driving the Swift Car, was the elder son of the claimants / appellants. It is stated in the claim petition that the deceased was a regular income tax payee and his annual income was Rs.1,50,000/- which he used to earn by taking tuitions. It is further stated that the deceased was doing PG diploma course in Financial Management and also doing the preparation for taking admission in M.B.A. courses. It is also stated that the deceased earn his expenses on his own and also used to contribute to the income of family. The claimants sought compensation to the tune of Rs.42,80,000/-. Manpal Singh, owner of the Tavera car (offending vehicle) and Reliance General Insurance Co. Ltd., with whom the offending vehicle was insured. The owner and insurance company filed their separate written statements and denied the averments made in the claim petition.

(3.) On the pleadings of the parties, learned Tribunal framed following issues: