MAMTA Vs. HAPPY

JUDGEMENT

(1.) The present appeal has been preferred against the award dated 24.10.2005 passed by the learned Motor Accident Claims Tribunal, Chandigarh (for short, 'the Tribunal') whereby the claimants-appellants have been granted compensation to the tune of Rs.4,17,500/- alongwith interest @7.5% per annum, for the enhancement of the awarded amount.

(2.) The brief facts of the case are that on 03.07.2002 the claimants - Master Lucky, Prabha Devi, Prem Kishore and Sanjay Dubey were travel Maruti Van bearing registration No. CH-01-J-1101 being driven by respondent No.1 Happy. Tey were going towards Ambala Cantt. When the aforesaid maruti van crossed the chowk of Hallo Majrait tried to over-take a truck going aheaof it. Due to high speed of the van respondent No.1 could not control the same. As a result thereof, the van dashed into the truck from its back side. In this accident, the claimants - Lucky, Prabha Devi and Prem Kishore sustained multiple injuries on their persons whereas Sanjay Dubey (since deceased) sustained fatal injuries.

(3.) Upon notice, respondent No.1 remained ex-parte. Respondent Nos.2 and 3 appeared and denied the factum of claim.