RAJ RANI Vs. RAJESH KUMARI

JUDGEMENT

(1.) THIS appeal has been filed by the widow, minor son and the mother, respectively, of deceased -Som Nath Arora. Four claim petitions had been decided vide impugned award dated 28.07.1999. The present appeal deals only qua the claim of the above -mentioned appellants i.e., the legal heirs of deceased -Som Nath Arora.

(2.) IT has been brought on the record that on 15.12.1995, the deceased -Som Nath Arora, owner of three -wheeler bearing registration No. HR39 -2209 was sitting inside the three -wheeler, which was parked near the bus stand at village Majra Piao. A truck bearing registration No. HNR -4771 being driven by one Krishan Lal (since deceased) being driven rashly and negligently, was proceeding towards Jind from Hansi and when it reached near the crossing at village Majra Piao, it first struck against a fitter Rehra which had just stepped on the crossing of a side road thereafter, the truck driver then lost control of the same and struck against the three -wheeler as well as three persons sitting therein. In the said accident, three persons died including Som Nath Arora and one Vidya Devi suffered injuries. It has come on the record that said Som Nath Arora died on account of injuries suffered by him in the said accident.

(3.) IT is submitted by learned counsel for the appellants that the amount of compensation awarded is on the lesser side and some amount should be awarded on account of future prospects of the deceased as he was only 28 years of age at the time of death. It is also submitted that liability should be fixed upon respondents No. 4 and 5 completely as the owner and the driver of fitter Rehra had not been made party to the claim petition.