NATIONAL INSURANCE CO LTD Vs. JASBIR KAUR

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India against award dated 12.3.2011 passed by learned Motor Accident Claims Tribunal, Rohtak, (hereinafter to be referred as 'the Tribunal'), in a petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter to be referred as 'the Act') for compensation filed by Respondents-Petitioners against the present Petitioner-Insurance Company alongwith driver and owner of truck bearing No. HR-21GA/0117, involved in the accident.

(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned award passed by learned Tribunal.

(3.) Brief facts relevant for the decision of present revision petition are that on the intervening night of 8-9.3.1999, Jagdish Singh (deceased) was driving his car bearing No. DL-2CK/4175, while returning from Bikaner to Delhi alongwith Norang Singh, his brother-in-law, his wife, Jasbir Kaur and Nasib Kaur. When they reached near Meham, truck bearing No. HR-21GA/0117 came from opposite direction which was being driven by its driver in a very rash and negligent manner, and hit against their car, due to which all the occupants sustained injuries. Jagdish Singh succumbed to the injuries in the hospital. FIR No. 44, dated 9.3.1999 under Sections 279, 337, 304-A IPC with Police Station Meham, was registered against driver of the truck. Respondents-claimants filed petition for compensation on account of death of Jagdish Singh being widow and son of Jagdish Singh on the plea that they were dependent upon Jagdish Singh. They claimed compensation of 10,00,000/-. Plea has been taken that Jagdish Singh was 50 years of age and was self employed and used to do transport business under the name and style of M/s Rajasthan Prem Krishna Transport Company and used to earn 10,000/- per month from the said business.