REKHA SHARMA Vs. SUKHDEV RAJ

JUDGEMENT

(1.) This claimants' appeal is directed against the Award dated March 24, 2009 passed by Motor Accident Claims Tribunal, Fatehgarh Sahib (for short 'the Tribunal'). The factual matrix of the case is that on January 07, 2006, at about 11.35 pm, Anil Sharma (deceased) was going on his motorcycle bearing No. PB-23T-0879, followed by his brother-in-law Krishan Lal (wife's brother) on his scooter, in the area of Mandi Gobindgarh. When they reached in front of Gianian Da Dabha, Sukhdev Raj, driving Mohindra Scorpio bearing No. PB-02V-0001 (for short 'the Scorpio') at a fast speed came from behind in a rash and negligent manner and hit the motorcycle. Anil Sharma along with the motorcycle came under the Scorpio and was dragged by the Scorpio for quite a sufficient distance. The licence plate (commonly known as number plate) of the Scorpio entangled with the motorcycle and the driver of the Scorpio after dragging the motorcycle, managed his escape. Anil Sharma suffered multiple injuries and died on the spot.

(2.) FIR No. 3 dated January 08, 2006 (Exhibit P-2) was registered under Sections 304A, etc. IPC in Police Station Mandi Gobindgarh against the driver of the Scorpio. Post mortem examination (Exhibit P-1) was conducted on the dead body of Anil Sharma.

(3.) Rekha Sharma - appellant No. 1, wife of the deceased and Mohit Sharma and Dinesh Sharma, sons aged about 16 years and 13 1/2 years, respectively, filed claim application under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') before the Tribunal, alleging that the accident was caused on account of rash and negligent driving of the Scorpio. They claimed compensation of Rs. 40 lacs. It was pleaded that Anil Sharma was a Commission Agent and was having a firm in the name and style 'M/s. Anjali Steel Industries', Mandi Gobindgarh and was earning Rs. 25,000/- per month. He was about 40 years old at the time of his death.