LAKHWINDER KAUR Vs. DHARINDER SINGH

JUDGEMENT

(1.) Instant appeal has been filed by the appellants-claimants for modification of award dtd. 7/8/2002 passed by the Motor Accident Claims Tribunal, Patiala, (for short, 'the Tribunal'), in MACP No.277 of 1999 whereby the claim petition filed by the appellants-claimants was partly allowed and claimants-Lakhvinder Kaur and others were awarded a compensation of Rs.1,22,200.00 along with interest @ 9% per annum from the date of filing of the claim petition till the date of realization on account of death of Sukhvinder Singh, in a motor vehicular accident that took place on 24/4/1999.

(2.) The relevant facts are that the appellants-claimants filed claim petition invoking the provisions of Sec. 166 of the Motor Vehicles Act, 1988 (for short, "the Act of 1988") claiming compensation with the averments that on 24/4/1999, Joginder Singh alongwith his father Mohan Singh was coming on scooter bearing registration No.PBA-1338 from Rajpura city to their village Pehar Khurd and Sukhvinder Singh (since deceased) alongwith Ram Asra was coming on another scooter bearing registration No.CHT-6265, which was being driven by Sukhvinder Singh. At about 10 P.M., when they were at a distance of about half kilometer from their village and had reached near Gatta factory, a Tata 407 bearing registration No.CH-01M-2158, being driven by respondent No.l-Dharinder Singh alias Dhira in a rash and negligent manner, came from the side of Chandigarh and hit the scooter of Sukhvinder Singh. As a result thereof, Sukhvinder Singh and Ram Asra fell down and sustained injuries. The driver of offending vehicle fled away from the spot alongwith his vehicle. Joginder Singh and Mohan Singh shifted the injured persons to A.P. Jain Hospital, Rajpura, but both of them died on the way to the hospital. On the statement of Joginder Singh, FIR No.72 dtd. 25/4/1999 under Sec. 304-A IPC was registered at Police Station Sadar, Rajpura against the driver of the offending vehicle.

(3.) It has been averred in the claim petition filed by the claimants- appellants that Sukhvinder Singh (since deceased) was working in Victory Oil Company, Pehar Khurd and was drawing a salary of Rs.2500.00 per month and was also earning Rs.2000.00 per month from agriculture and the claimants were totally dependant upon the deceased. With the untimely death of deceased Sukhvinder Singh, the claimants have suffered great mental pain and agony and they have been deprived of the love and affection of the deceased. It has been alleged that claimants were entitled to Rs.15,00,000.00 as compensation due to death of deceased Sukhvinder Singh in the accident in question.