RAM DAS AND ORS. Vs. BIRPAL AND ORS.

JUDGEMENT

(1.) This first appeal from order under Section 173 of the Motor Vehicle Act, 1988 has been filed by the claimants against the award dated 16.05.2007, passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Hardoi in Motor Accident Claim Petition No. 167 of 2004 (Ram Das and others Vs. Birpal and others), whereby the award of Rs.1,60,400/- has been awarded to the claimants with 6% per annum interest from the date of award till the date of payment.

(2.) The brief facts, relevant for the disposal of this appeal, are that the claimants Ram Das and Smt. Ramshree W/o Ram Das had filed a claim petition in respect of their son Santosh Kumar @ Sunil Kumar who met with an accident on 13.06.2014 at Sikandra Rau to Etah Road, District Aligarh. It is stated in the claim petition that the deceased was a cleaner on the truck and was doing agricultural work. On the fateful day, he was travelling on the truck bearing no.U.G.D./164, which was carrying goods from District Aligarh to Kanpur. On 13.06.2004 at about 6:30 hours in the morning on Sikandara Rau-Etah Road at a distance of about 10 Kms. one of the tyre of the said truck was got punctured. The truck was stationed by the side of the road and when the deceased was replacing the tyre of the said truck, a Tanker No.UP 81 F 9668, which was being driven by its driver Birpal rashly and negligently, hit the deceased due to which he sustained serious injuries. He was first taken to Government Hospital, Sikandara Rau from where he was referred to District Hospital Etah, where he succumbed to his injuries. It is further stated in the claim petition that the age of the deceased was 22 years 7 months and he was earning a sum of Rs.3000/-.

(3.) Hence, a claim petition was filed by the claimants (father and mother of the deceased), for the compensation on account of the death of the deceased. After considering the material on record, the learned Tribunal while decideing issue no.4 came to the conclusion that the deceased died due to the serious injuries which he sustained in the accident.