SUMITRA Vs. KARNAIL SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 30.1.1996 passed by Shri P.C. Goel, Motor Accident Claims Tribunal, Panipat in MACT Case No. 112 of 1993.

(2.) BRIEF facts of the case are that on 13.11.1993 Satish Kumar unloaded the paddy at Karnal and on way back started driving his Majda vehicle bearing registration No. HNK-8520 to Murthal in District Sonepat. His cleaner Ramesh Kumar was also travelling with him and this vehicle was driven on the left (correct) side of the road. However, when at about 2.00 a.m. it reached nearing Ashoka Rages in the area of Samalkha Tehsil and District Panipat, the tyre of the same got punctured and after repairing the same, said Satish Kumar, driver of the same, started checking it. In the meanwhile, bus No. HR-05-B-6894 belonging to Haryana Roadways Ambala came there from the rear and Karnail Singh, driver thereof, was driving it in a rash and negligent manner. He had no control on the speed and in the violation of traffic rules, he hit the bus into the said Majda from behind. Because of that Satish Kumar suffered multiple injuries/fractures and when he was taken to Civil Hospital, Panipat, he was declared dead.

(3.) PETITIONERS , the parents of said Satish Kumar, have asserted that their son was getting salary to the tune of Rs. 2500/- per month by working as driver on the vehicle and was the sole bread winner of the family and since he was young of the age of about 23 years, they are entitled to claim compensation to the tune of Rs. 15,00,000/-, on account of his untimely death caused in the road vehicular accident.