UNITED INDIA INSURANCE CO. LTD. Vs. RIZWANA

JUDGEMENT

(1.) This appeal is directed against the award dtd. 25/3/2019, passed by the learned Motor Accident Claims Tribunal, Karnal (in short 'the Tribunal'), whereby a sum of Rs.34,30,000.00 along with interest @ 7% per annum from the date of filing of the claim petition till realization, was awarded to the legal representatives of deceased Mahtab.

(2.) The relevant facts for adjudication of this appeal are that, on 14/6/2018, deceased Mahtab, aged 25 1/2 years, a driver by profession, was driving Eicher Canter bearing registration No.HR-55J-7236 from Hissar to Delhi. At about 3:00 A.M., when he reached near Takshila School on Rohtak - Delhi road bye-pass, the offending vehicle i.e. Truck bearing registration No.HR-69C-9835, going ahead of the Canter, without giving any indicator or signal, suddenly applied the brakes. As a result, the Canter struck the rear side of Truck, causing grievous and serious injuries to the driver (Mahtab), who succumbed to his injuries on the spot.

(3.) The legal representatives i.e., parents and unmarried sisters of deceased Mahtab, filed the petition for grant of compensation to the tune of Rs.50.00 Lakhs, pleading their dependency on the deceased, the loss of their source of livelihood as well as the loss of love and affection from the deceased.