MUKESH DEVI Vs. MANOJ KUMAR

JUDGEMENT

(1.) This appeal by the claimants is directed against the award dated 21.10.2008, passed by the learned Motor Accident Claims Tribunal, Jind, allowing an application moved by the appellants, under Section 166 of the Motor Vehicles Act.

(2.) The case set up by the appellants before the learned Motor Accident Claims Tribunal was, that on 7.7.2006, deceased-Naresh Kumar was coming from Hisar to Kaithal on his motorcycle No. HR- 32A-7496. At about 4.30 p.m. when he reached in the area of village Talvandi Rana 5 KM ahead of Hisar, he was hit by car No. HR-20L- 0819, being driven by respondent No.1 Manoj Kumar, in a fast speed, in rash and negligent manner. The driver of the car is said to have been driving the car on the wrong side, which hit the motorcycle of the deceased, due to which the motorcycle of the deceased fell into the ditches and he suffered multiple injuries on his right hand, right feet and other parts of the body. The motorcycle was completely damaged. Naresh Kumar was shifted to Arora Ortho Hospital, Hisar, by Pardeep S/o Sh. Dhoop Singh and thereafter was shifted to CMC Hospital, Hisar. FIR was also registered against the offending driver. The deceased ultimately died on 19.7.2006. Thus, compensation on account of death was claimed by the claimants.

(3.) The claim petition was contested.