ANGREJO DEVI Vs. JAI PARKASH

JUDGEMENT

(1.) The present appeal has been preferred by the appellants against the impugned Award dated 18.5.2010, passed by the Motor Accident Claims Tribunal, Karnal , (for short, 'the learned Tribunal').

(2.) The brief facts of the appeal are that on 26.07.2008, the deceased, Dharam Singh alongwith his son and son-in-law, was going on motor cycle bearing No. HR-33-A-7652, to brick klin situated in Village Beejana, District Karnal. When they reached near Munak Drain Bridge at about 12.45 p.m, Jai Parkash, respondent No.1 coming on motor cycle bearing registration No. HR-40-A-6178, in rash and negligent manner, without observing the traffic rules from the wrong side of the road, hit against the motor cycle of Dharam Singh as a result, the occupants of both the vehicles fell on the ground. Dharam Singh sustained grievous injuries, while others received minor injuries. Dharam Singh succumbed to his injuries on the spot. FIR No. 206 dated 26.7.2008 was registered against respondent No.1 at Police Station, Gharaunda.

(3.) As per the averments made in the claim petition No. 43 of 2008, under section 166 of the Motor Vehicles Act, 1988, filed by the claimants under section 166 of the Motor Vehicles Act, 1988, ( (hereinafter referred to as the MV Act), the deceased was 50 years old and was earning Rs. 15,000/- per month by cultivating vegetables, floriculture and dairy farming. Upon notice, respondent Nos. 1 & 2 denied the rash and negligent driving of respondent No.1. It was the case of respondents No. 1 & 2 that the accident took place due to rash and negligent driving of deceased Dharam Singh, with two pillion riders, as he could not control the motor cycle and struck against the motor cycle of respondent No.1.