UMA SHARMA Vs. AVTAR SINGH

JUDGEMENT

(1.) Unfortunate parents of Arun Kumar have preferred the present appeal against the award dated 4.1.2010, passed by Sh. L.N. Jindal, Motor Accident Claims Tribunal, Kurukshetra, for enhancement of compensation. Brief facts of the case are that on 15.6.2008, Arun Kumar, since deceased, along-with his friend Sanjeev Kumar had gone to city Kurukshetra for some work. After completing the work, they were coming back from Kurukshetra city to Didar Nagar, Kurukshetra on motor cycle bearing registration No. HR-07J-0680 at about 11.00 A.M. In the meantime, Haryana Roadways bus bearing registration No.HR-65-0805 being driven by respondent No. 1 in a rash and negligent manner and at a very high speed came from behind and hit against the motor-cycle being driven by Arun Kumar deceased. Due to the impact of the accident, Arun Kumar and Sanjeev Kumar fell down. The front tyre of the bus passed over the thigh of Arun Kumar. Arun Kumar succumbed to his injures on the way to Chandigarh. FIR No. 115 dated 15.6.2008 under Sections 279, 337 and 304 A IPC was registered against respondent No. 1 Claim petition was filed by the parents of Arun Kumar seeking compensation of Rs. 15 lacs. According to the claimants, deceased was 19 years old and was earning Rs. 5,000/- per month.

(2.) The claim petition was contested by the respondents and it is pleaded that accident has taken place due to rash and negligent driving of the motor cycle. The Insurance company has filed separate written statement taking the plea of violation of terms and conditions of the insurance policy and that driver was not holding a valid and effective driving licence.

(3.) From the pleadings of the parties, following issues were framed:-