ROHTASH Vs. MANJIT KUMAR

JUDGEMENT

(1.) This appeal has been filed by the claimants seeking enhancement of compensation awarded to them by the learned Motor Accident Claims Tribunal, Karnal (for short, the 'Tribunal') vide impugned award dated 21.08.2009 on account of death of Sumitra Devi in a motor vehicle accident.

(2.) Brief facts necessary for adjudication of the case are that the claimants, who are the sons of the deceased-Sumitra Devi, filed a petition under Section 166 of the Motor Vehicles Act (for short, the 'Act') seeking compensation on account of death of Sumitra Devi, who lost her life in a motor vehicle accident which took place on 01.05.2004. It is pleaded in the claim petition, that Sumitra Devi alongwith one of her sons, was travelling to village Parwala, District Karnal on 01.05.2004. When they reached GT road, Taroari and were standing on the unmetalled (Kacha) portion of the road, the offending car bearing registration No.HR02-K-0609 driven by respondent No.1-Manjit Kumar in a rash and negligent manner, dashed against Sumitra Devi. She received multiple injuries and was taken to Government Hospital, Karnal, but she succumbed to her injuries on the way. FIR No.74 dated 02.05.2004, under Sections 279/337/304A IPC, Police Station Taroari was registered against respondent No.1-driver. Sumitra Devi was claimed to be 50 years old at the time of the accident. It is pleaded that she was a housewife involved in dairy farming, earning a sum of Rs.5,000/- per month. Claimants were living together with their mother and accordingly, they claimed compensation on account of Sumitra Devi's death.

(3.) Claim petition was resisted by the respondents. Following issues were framed by the learned Tribunal on the basis of pleadings of the parties:-