JOGENDER SINGH Vs. NEW INDIA ASSURANCE COMPANY

JUDGEMENT

(1.) RAJESH Tandon, J. 1. This appeal is against the Award dated 3-8-2004, passed by the Motor Accident Claims Tribunal, Nainital for enhancement of the amount of award.

(2.) THE claimants appellants pre ferred a claim petition under section 166 of the Motor Vehicles Act, for the grant of compensation on account of the death of Sri Raju @ Sukhvinder @ Lakhvinder in a motor vehicle accident. According to the claimants on the fate ful day on 25-4-2000 at 5. 30am the de ceased parked his tanker No. MH 04-C 2035 in front of Surya Parking Dhaba on Mumbai - Pune Road, PS. Vadgaon. A truck No. KA/22-B-2798 came from the opposite side from the Mumbai, which was being driven rashly and neg ligently and dashed the tanker of the de ceased. THE deceased was sitting in the tanker; he sustained fatal injuries and died instantaneously. THE conductor of the truck also sustained injuries in the accident. According to the complainants at the time of accident the deceased was 26 years of age and he was earn ing Rs. 6,000/- per month.

(3.) ON the basis of the evidence ad duced by the claimants, the Claims Tri bunal has held that the accident had taken-place on 25-4-2000 at 5. 30 PM on Mumbai-Pune Road, PS. Vadgaon in which the deceased Raju sustained in juries and he died on the spot.