SURINDER KAUR Vs. MOTOR ACCIDENT CLAIMS TRIBUNAL, DEHRADUN

JUDGEMENT

(1.) This appeal from order is directed against the judgment and award dated 18.4.1994 passed by Additional District Judge, M.A.C.T. Dehradun in M.A.C. case no.243 of 1991, whereby the claim petition filed by the appellants has been dismissed.

(2.) This appeal was instituted in the High Court of Judicature at Allahabad on 09.08.1994. On 10.8.1994, appeal was admitted and lower court record was summoned. After creation of State of Uttarakhand, this appeal transferred to this Court. Thereafter, appeal got dismissed for want of prosecution. Lower court record was returned to the Tribunal concerned. Notices were not served upon the appellant after the appeal was transferred to this Court. When they came to know about the same, they moved restoration application which was allowed by the Court and the appeal got restored to its original number after a long time. But unfortunately by that time LCR was weeded out. This Court permitted the learned counsel for the parties to reconstruct the record as available with them vide order dated 5.8.2019. Pursuant to such order, record of the case has been reconstructed by the learned counsel for the appellants. Respondents have not denied the veracity of the record of the case reconstructed by the appellant.

(3.) Facts, in brief, are that on 24.03.1991 Sardar Amarjeet Singh was going to attend a marriage in Doiwala by car bearing registration no.HPN 0222. At about 1:30 pm, Sardar Amarjeet Singh stopped the car to ease out himself. As soon as he stepped down the car, a car make Ambassador bearing registration no. UP07-0028 which was being driven rashly and negligently, hit the deceased due to which the deceased fell down on the road. He received grievous injuries on head, chest and legs. He was taken to the Doon Hospital. Looking to the serious condition, he was referred to R.M.L. Hospital, Delhi. Sardar Amarjeet Singh succumbed to the injuries on 28.03.1991. With these averments, the claimants i.e. the wife and children filed the claim petition before the Tribunal stating that the deceased was the sole earning member of the family; he was having a truck and a tractor; and was also engaged in business of diary farming, and from all these sources he used to earn Rs.8,000/- per month. The claimants claimed a sum of Rs.11,52,000/- for maintenance, Rs.10,000/- towards medical expenses and Rs.5,000/- towards mental pain and agony, in total Rs.11,67,000/-. In regard to the accident, an F.I.R. was lodged by Malkiyat Singh at P.S. Rajpur, Dehradun against the driver of Ambassador Car UP07-0028.