KRISHAN KUMAR AND ANOTHER Vs. NAVEEN AND OTHERS

JUDGEMENT

(1.) Challenge in this appeal is the award dated 3.5.2011 passed by Sh. S.S. Lamba, Motor Accident Claims Tribunal, Rohtak, vide which the claim petition preferred by the claimant/appellants was accepted and they were granted an amount of Rs. 4,85,000/- in respect of death of Subhash son of claimants in a motor vehicular accident.

(2.) Briefly stated, case of the claimants is that on 8.12.2009, deceased Subhash alongwith Phool Kumar s/o Chand Ram was going on foot to sit in the standing tractor trolley loaded with cotton. At about 12.30 p.m. when they reached near the tractor trolley, a motor cycle bearing registration No. HR-12H-1584 came from the side of village Bahu Jamalpur, being driven by its driver in a rash and negligent manner and at a high speed and struck into Subhash from back side. Three boys were sitting on the motor cycle. Due to impact Subhash received multiple and grievous injuries on the various part of the body. Subhash was taken to PGIMS Rohtak, where doctor declared him brought dead. On the statement of Ajmer Singh s/o Hukam Singh FIR was registered against respondent No.1 Naveen.

(3.) An amount of Rs. 25 lacs was claimed on account of death of Subhash.