KAMLESH DEVI AND OTHERS Vs. REHMUDIN AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred by the claimantappellants seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Faridabad, vide impugned Award dated 01.04.2009.

(2.) Brief facts of the case in hand are that on 23.01.2005 at about 11.30 p.m., the deceased Bijender Singh after attending to his duties, left Faridabad for Hodal by bus. After getting down from the bus, when he reached Charan Singh Chowk, while he was crossing the road, he was run over by a Tata Sumo bearing registration No.HR-61-1183. The said Sumo was being driven by respondent No.1-Rehmudin rashly and negligently. He ran away along with the offending vehicle. The deceased suffered serious injuries and died on the spot. The said incident was witnessed by Chowkidar namely Prahlad and he reported the matter to the police. An FIR No.16 dated 23.1.2005 under Sections 279, 304-A IPC was got registered with P.S. Hodal. As whereabouts of the deceased were not known, after his postmortem, his body was consigned to flames by the police.

(3.) In this background, on hearing about the accident, the claimants who are wife, minor children and mother of the deceased filed the claim petition MACT No.154 of 2008 was filed before the learned Tribunal seeking compensation. The learned Tribunal, vide Award dated 01.04.2009, awarded a total compensation of Rs.4,85,400/- (Rs.4,70,400 for loss of dependency + Rs.15,000/- on account of loss of consortium) to the appellants-claimants. Aggrieved therefrom, the appellants have preferred this appeal seeking enhancement.