MAINA Vs. SHER SINGH

JUDGEMENT

(1.) The present appeal has been filed by the claimant-appellant, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Hisar (for short 'the Tribunal'), vide award dated 03.05.1996, on account of the death of Jhanda Ram, son of the appellant, in a motor vehicular accident. Learned counsel for the appellant states that the deceased was 18 years of age at the time of accident. He was working as a tailor and was having an income of Rs. 3,000/- per month. He remained admitted in the Civil Hospital, Fatehabad from 29.01.1995 to 15.02.1995 and an amount of Rs. 20,000/- was spent on his treatment. He left behind his mother. But the Learned Tribunal awarded the compensation to the claimant under 'no fault liability' i.e. Rs. 50,000/- only, as the appellant has failed to prove that the accident took place due to the rashness and negligent driving of respondents No. 1 and 2.

(2.) Learned counsel for the appellant further contends that the learned Tribunal erred in holding that the accident did not take place due to the rash and negligence of Respondents No. 1 and 2, whereas, Respondents No. 1 and 2 were challenged and have been facing trial before the Chief Judicial Magistrate, Hisar, which is a sufficient proof of negligence.

(3.) It is further contended that the learned Tribunal failed to consider the statement of PW-2, Tulsi, the eye witness of the case, who was aboard the bust at the time of the accident. The Learned Tribunal wrongly rejected the most natural and reliable evidence produced by the claimant-appellant on issue No. 1. The FIR was lodged by the deceased himself who stated that he was pushed out of the bus by the conductor.