SUMAN SHARMA Vs. DHARMA SINGH

JUDGEMENT

(1.) This is an appeal brought by the claimant seeking enhancement of compensation awarded by learned Motor Accidents Claims Tribunal, Rewari (for short 'the Tribunal') vide award dated 25.5.2010. The case set up by the appellant is as under:-

(2.) On 29.10.2008, Yogender Sharma was coming from village Kund to his village Mehtawas on bicycle. Manish and Dharam Singh came from his front side driving motor cycle bearing registration No. HR-43-7271 in a rash and negligent manner. They had hit the bicycle as a result of which Yoginder Sharma died at the spot. Rohtas lodged F.I.R.No. 183 about the accident on the same date at Police Station, Mandhan. Yogender Sharma was aged 26 years and a semi skilled labourer earning Rs. 4500/- per month. Since her mother -in-law Savitri did not join her, Suman Sharma, the widow of the deceased had brought the petition impleading her as proforma respondent.

(3.) Respondent Nos. 1 to 3 resisted the claim petition. Respondent Nos. 1 and 2 had questioned the maintainability of the petition in the present form as well as cause of action and locus standi with the claimant to bring the same. The averments of the claimant were denied in para-wise reply. Respondent No. 3, besides taking preliminary objections regarding maintainability, locus standi, cause of action and want of an effective and valid driving licence with respondent No. 1 at the time of accident, has averred that the claimant and the proforma respondent are not entitled to any amount as compensation. The deceased was denied to be aged 26 years or a semi skilled labourer earning Rs. 4500/- per month. The factum of the accident is even denied and the petition was prayed to be dismissed.