NIRMALA Vs. RAMPHOOL

JUDGEMENT

(1.) The present appeal has been filed by the appellant/claimants for enhancement of compensation awarded to them by the Motor Accident Claims Tribunal, Sonepat (hereinafter referred to as 'the Tribunal' for short) vide award dtd. 5/4/2011, in a claim petition filed under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) on account of the death of Sunil, son of claimant No.1 and brother of claimants of 2 to 5 in a motor vehicular accident.

(2.) Briefly, the facts of the case are that on 9/7/2010, around 6.00 p.m. Sunil (since deceased) was travelling on his motor cycle for going to Rohtak. When he reached near village Brahmanwas on Gohana-Rohtak road, within the area of Police Station Sadar, Rohtak, a tractor bearing registration No. HR11D-0423 being driven by respondent No.1 rashly and negligently, came from Rohtak side and hit the motor cycle of the deceased. After the accident respondent No.1 fled from the spot leaving his tractor there. Deceased Sunil was taken to PGIMS, Rohtak but he succumbed to the injuries sustained in the accident. An FIR No. 267 dtd. 10/7/2010, under Ss. 279, 304A IPC was registered at Police Station Sadar, Rohtak.

(3.) The deceased was 22 years of age at the time of death and was a labourer earning Rs.4500.00 per month. He was the sole bread winner of the family and the appellants included his widowed mother and minor siblings. They all were fully dependent on the deceased.