AJIT Vs. KRISHNA DEVI

JUDGEMENT

(1.) The present appeal has been preferred by the appellants assailing the impugned award dated 1.3.2011 passed by the Motor Accidents Claims Tribunal, Rewari (for short, 'the learned Tribunal'), holding the appellants liable to indemnify the claimants.

(2.) The brief facts of the appeal in hand are that on 10.11.2008, the deceased, Sunil Kumar, along with Ajay Kumar and Gurpal, residents of village Khaleta, was going to village Sisoth in a pickup vehicle bearing registration No. HR 66-3180, after delivering a buffalo at village Khaleta. It was the case of the claimants that the vehicle was driven by driver Ajit in a rash and negligent manner and at a high speed. When the vehicle reached near Siha Petrol Pump, it struck against a tractor-trolley going towards Dahina in its left side, as a result, the occupants of the vehicle received injuries. Sunil Kumar succumbed to his injuries. The driver of the tractor-trolley was also injured in the accident. F.I.R. No. 245 dated 11.11.2008 was registered against driver of pickup, respondent No. 1, under sections 279, 337, 304-A and 427, Indian Penal Code, at Police Station Khol, Distt. Rewari.

(3.) The legal representatives of deceased Sunil Kumar filed a petition under section 166 of the Motor Vehicles Act, 1988 ( for short, 'the Act') for award of compensation to the tune of Rs. 25,00,000. They pleaded that the accident was caused due to rash and negligent driving of the pickup by Ajit, respondent No.1; that at the time of his death, the age of the deceased was about 19 years and had passed ITI examination; that he had received the joining call from the Defence Ministry and to join the service in near future. It was the further case of the claimants that the deceased might be getting Rs. 20,000 per month, had he been alive.