RAGHURAJ SINGH Vs. GYAN SINGH

JUDGEMENT

(1.) By way of this appeal, the claimants have challenged the judgment and award dtd. 15/11/2003 passed by Motor Accident Claims Tribunal/ District Judge, Gautam Budh Nagar (herein after referred to as ''Tribunal') in M.A.C.P. No.211 of 2001 (Shri Raghuraj Singh vs. Gyan Singh and others) awarding sum of Rs.9,62,000.00 as compensation to the claimants with interest at the rate of 6% per annum.

(2.) At the very outset, it is relevant to mention that the claim petition was instituted by his father on account of death of a unmarried boy, who met with a road-accident. Initially, the mother of the deceased was not made party before the learned Tribunal though she was and is still alive. She being the class-1 heir as per Hindu Succession Act, 1956, should have been made party as claimant. It was on the face of record before the learned Tribunal that mother of the deceased was alive even though the learned Tribunal did not take pain to call upon the claimant to implead the mother as a party. Claim petition was decided in favour of claimant. Now at the time of hearing this appeal, we pointed out the aforesaid fact to the parties and on our behest, appellant/claimant made the mother of the deceased as party/claimant in the memo of appeal.

(3.) The brief facts of the case are that appellant Raghuraj Singh (father of the deceased) filed a claim petition before learned Tribunal for seeking compensation on account of death of his unmarried-son in a road accident. It is averred in petition that on 24/5/2001, the deceased, namely, Vaibhav Talan, was going to Lucknow from Kanpur in a car bearing No.UP-78-AC/9288. He was sitting on the back-seat. At about 2:30 p.m., when the aforesaid car reached near Sainik School Pulliya, within the jurisdiction of Police Station-Sarojini Nagar, Lucknow, a truck bearing No.UP-78/9655 coming from backside at a very high-spead, driven rashly and negligently by its driver dashed against the car. In the accident, deceased sustained fatal injuries and died.