MUKESH (SMT.) AND OTHERS Vs. MAHIPAL AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the appellants and perused the impugned award.

(2.) The appellants challenge the validity and correctness of the judgment and order dated 28th Feb., 2013 passed by the Motor Accident Claims Tribunal/Additional District Judge, Ex-Cadre No. 3, Saharanpur in MACP No. 109 of 2012, Smt. Mukesh and others Vs. Mahipal and another , whereby the claim petition of the appellants was dismissed.

(3.) Briefly stated the facts giving rise to the instant appeal are that an accident took place on 19th May, 2012 at about 9.00 p.m. between Motor cycle No. UA-08N/9349 and Tractor No. UK-08N/9349 at Luxur Haridwar Road in which Adesh Kumar who was pillion rider on the said motor cycle died on the spot on account of the injuries sustained by him in the aforesaid accident. The First Information Report of the accident was lodged by Yashpal son of Sri Genda Ram resident of village Chehdi, P.S. Rampur Maniyaran, District Saharanpur on the same day i.e. 19th May, 2012 at 11.50 p.m. at P.S. Kotwali Luxur and a case crime No. 128/2012, under Sections 279,337,338,304-A and 427 Penal Code was registered against unknown driver of the tractor. The claimants filed Claim Petition No. 109 of 2012 for a sum of Rs. 23,10,000.00 as compensation alleging that the deceased was aged about 28 years at the time of accident and was earning Rs. 12,000.00 per month.