KANTA RANI Vs. SAHAB SINGH

JUDGEMENT

(1.) Feeling dissatisfied with the amount of compensation as awarded by learned MAC Tribunal, Kaithal (for short 'the Tribunal) to the appellants-claimants vide the award dtd. 8/1/2016 passed in the claim petition preferred by them to seek compensation on account of the death of Vijay Kumar in a motor vehicle accident, they (appellants) have preferred the instant appeal for seeking enhancement of the same.

(2.) The appellants-claimants had preferred the claim petition against the respondents before the Tribunal while averring that appellant No. 1 was the wife and appellant Nos. 2 to 4 were the children whereas appellant No. 5 was the mother of said Vijay Kumar, who had lost his life in a motor vehicle accident caused by respondent No. 1 by driving the motor cycle bearing registration No. HR 08-P 9525 (for short 'the offending motor cycle') in a rash and negligent manner at a very fast speed and by hitting the same with the motor cycle, bearing registration No. HR 08-D 9226, as being driven by the said victim. The deceased was 47 years old at the time of the said accident and had been earning Rs.20,000.00 per month from agricultural and dairy farming pursuits.

(3.) Respondent Nos. 1 and 2, in their joint written statement, contested the claim of the appellants by denying the factum of the alleged accident having ever taken place due to rash and negligent driving on the part of respondent No. 1 and they, rather, asserted that the motor cycle being driven by the deceased slipped due to its rash and negligent driving on his own part and he fell on the road and sustained the injuries which proved fatal for him.