NEELAM DEVI & OTHERS Vs. BALJIT & OTHERS

JUDGEMENT

(1.) (ORAL) - The widow and two minor children of deceased Jai Bhagwan who was 35 years old at the time of accident have preferred the present appeal. It is the case of the claimants that on 28.5.2008, at about 8.30/9.00 p.m. Jai Bhagwan who was going to his village on Hero Honda vehicle, a Dumper bearing registration No.HR19E-0780 came from the village Imlota side driven by its driver in a rash and negligent manner and at a very high speed dashed against the motorcycle and as a result of which Jai Bhagwan sustained multiple grievous injuries and died in the PGIMS, Rohtak on 15.7.2008.

(2.) The medico-legal report Ex.P2 would go to show that injured Jai Bhagwan who was brought unconscious to Civil Hospital, Charkhi Dadri was referred to PGIMS, Rohtak. The post mortem report Ex.P3 would go to establish that he died due to cerebral injury he sustained in the accident. Infact, a blood clot in the mid cerebral region was noted down by the Doctor who conducted autopsy on 16.7.2008. PGIMS, Rohtak had issued Ex.P9 Death Certificate to the effect that injured Jai Bhagwan died in the hospital when he was under treatment.

(3.) The Tribunal fixed the income of deceased Jag Bhagwan at Rs. 3600.00 per month. No amount was awarded towards future prospects of the deceased. Though he was taking treatment for 47 days in PGIMS, Rohtak, the Tribunal having found that no prescriptions were produced, rejected the documents marked as A1 to A30. The Tribunal also made an observation that those documents were not exhibited through the authors concerned. The Tribunal has only awarded a sum of Rs. 11,000.00 towards funeral expenses and transportation. Nothing was awarded towards attendant charges, loss of estate and loss of consortium.