INDRAWATI Vs. BALRAJ

JUDGEMENT

(1.) Smt.Indrawati - widow, Rink and Pinki, both aged 8 years - minor daughters of Ram Dayal, an unfortunate victim of a road side accident had brought a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the MV Act) against the respondents i.e. Balraj - driver, Parveen Rawal - owner and New India Insurance Company Ltd., Hisar - insurer of the dumper bearing registration No.HR-39A-7771 (hereinafter referred to as the offending vehicle) before Motor Accident Claims Tribunal, Hisar (hereinafter referred to as the Tribunal).

(2.) As per the case of the claimants, on 11/3/2008 at about 11:00 a.m., deceased Ram Dayal along with Jit Lal, Chhote Lal and Raj Nath was returning home from Jindal Strips, Hisar; all of them were on their respective bicycles; Ram Dayal was going ahead of them; when they had reached near turn of Sectors 9 & 11, then the offending vehicle being driven by respondent No.1 Balraj in a rash and negligent manner at a high speed without observing traffic rules came from behind and hit the bicycle of deceased Ram Dayal; as a result Ram Dayal fell down on the road and received serious and grievous injuries on his person; he was taken to N.C. Jindal Hospital, where he was declared dead by the doctor. FIR No.118 with regard to the accident was got registered Police Station Civil Lines, Hisar on the same day. According to the claimants, the deceased Ram Dayal was aged about 35 years and was working as a mechanic with Jindal Stainless Limited, earning Rs.8,000.00 per month. The claimants had claimed compensation of Rs.20.00 lakhs.

(3.) On getting notice, all the three respondents appeared initially but subsequently there was no representation on behalf of respondents No.1 and 2 and they were proceeded against ex-parte. Respondent No.3 filed written statement praying for dismissal of the claim petition.