INDRA PAL SINGH Vs. RAKESH KUMAR JAIN

JUDGEMENT

(1.) This is claimants' appeal for enhancement of compensation awarded by MACT/Special Judge/S.C.& S.T. Act, vide award dated 21.9.2005 in MAC Case No. 509 of 2004, whereby a sum of Rs. 1.94,000/- along with pendent elite interest @ 6% per annum have been awarded to the appellants on account of death of their unmarried son in the instant motor accident.

(2.) The appellants have alleged in the claim petition that their Sonu @ Ajit Singh aged about 20 years was working as conductor on truck of respondent no. 1 bearing registration no. UP 78N-7014 and was getting pay of Rs.3600/- per month. On 21.8.2004 the deceased was going on the aforesaid truck which turtled on account of rash and negligent driving of its driver at about 1.00 on G. T. Road near police out-post Govindpur of P.S. Sadabad District Hathras and the son of appellants sustained fatal injuries and died on the spot. The claimants being legal representatives of the deceased have preferred claim for Rs. 9.34 lacs. It was contended that the aforesaid truck was owned by respondent no. 1 and it was insured with respondent no. 2 on the date of accident. The respondent no. 1 admitted the employment of deceased as helper on his aforesaid truck and stated that he was getting salary of Rs. 2,000/- and Rs. 40/- per day as diet. The rash and negligent driving of the truck by its driver was denied stating that all of a sudden the accident took place in order to save a cyclist. The insurance company also resisted the claim by filing written statement and inter alia pleaded breach of breach of contract of insurance. The learned Tribunal after analysis of the evidence adduced by the parties has awarded compensation as stated above. Aggrieved the claimants have come up in appeal.

(3.) We have heard the learned counsel for the appellant and perused the impugned award.