DULLAWATI Vs. SAKIR HUSSAIN

JUDGEMENT

(1.) THIS appeal was preferred against the award dated 5.6.2008 passed by Motor Accident Claims Tribunal (Tribunal for short), Faridabad, whereby compensation to the tune of Rs.4,17,112/ - was granted to the appellants. The appellants have now prayed for enhancement of the amount as well as the rate of interest.

(2.) THE petition for compensation was filed by the appellants on the ground that Ashok, husband of appellant No.1, father of appellants No.2 to 5 and son of appellant No.6 and performa respondent No.4 (who was petitioner along with other appellants in the claim petition) died in a motor accident, which took place on 3.7.2007. At that time, his age was 30 years and he was working as Clerk with M/s B.S. Associates, drawing a salary of Rs.7000/ - per month. On the fateful day, he was going to village Pali on his motor cycle and his cousin Dharambir was following him on a separate motor -cycle. At 11.00 a.m., when they reached in the area of village Dhauj, a dumper bearing registration No.HR -38M -4250, which was being driven by respondent No.1 in a rash and negligent manner, hit the motor -cycle of Ashok, who fell down and the rear wheel of the offending vehicle crossed over his head and the victim died at the spot.

(3.) THE Insurance Company pleaded that the accident may have been caused due to the negligence of an unknown vehicle and the vehicle in question was shown to be involved by the appellants only to extract money from the company. Also the alleged vehicle was being driven in contravention of the terms of the insurance policy in so much as the driver was not holding a valid driving licence at that time.