RAJ KUMARI Vs. ASHOK KUMAR

JUDGEMENT

(1.) The appellants/claimants - Raj Kumari, Baby Neelam and Master Yashvardhan (minor through their mother Raj Kumari being natural guardian) and Sukhbiro have filed present appeal against impugned Award dtd. 31/5/2016 passed by learned Motor Accident Claims Tribunal, Faridabad vide which the claim petition filed by the appellants/claimants has been dismissed.

(2.) The facts of the case are that Raj Kumari the widow along with her 2 minor daughters being their natural guardian and Kanhiya Lal father, Sukhbiro mother of late Rajesh had filed claim petition under Sec. 166 of Motor Vehicles Act for grant of compensation on account of his death in a motor vehicular accident. Rajesh was 26 years old, doing the business of Halwai/Catering and it was alleged that he was earning Rs.20,000.00 per month. On the fateful day of 20/2/2015 at about 4:30 p.m., he was going on his motorcycle No.UP-16-AS-7483 driven by him on which Sanjay his brother was pillion Rider. When he reached near village Maujpur Mor, the offending motorcycle No.HR-29-AH-0192 came at a high speed in a zigzag manner driven rashly and negligently, hit the motorcycle of Rajesh. After causing the accident, the driver of offending motorcycle managed to escape. However, the number of motorcycle was noted down by one Amar Chand passerby. Sanjay the brother of the deceased called his uncle Krishan and with his help Rajesh was admitted in Green Field Hospital, Chhainsa where he remained under treatment and ultimately succumbed to the injuries on 23/2/2015. On the statement of Sanjay, FIR No.25 dtd. 21/2/2015 was registered under Ss. 279, 337 of IPC and offence under Sec. 304-A of IPC was added later on. During treatment, huge amount was spent on the treatment of Rajesh but his life could not be saved. The petitioners have lost sole bread winner of their family. They have claimed compensation to the tune of Rs.80.00 lacs along with interest at the rate of 18% per annum from the date of accident till realization of the amount.

(3.) Notice of the claim petition was given to the respondents.