NIRMALA Vs. SATISH

JUDGEMENT

(1.) The claimants have filed the present appeal challenging the judgment dated 3.6.2002 passed by the Motor Accidents Claims Tribunal (for short, 'the Tribunal'), Rohtak, by which the claimants were held entitled to receive compensation of Rs. 2,95,000 together with interest at the rate of 9 per cent per annum from the date of filing of the petition till realisation of the entire amount. Tribunal held respondent Nos. 1 and 2, i.e., the driver and the owner of the three- wheeler which was the offending vehicle, to be responsible jointly and severally to pay the aforementioned compensation.

(2.) The brief facts of the case are that on 12.7.2000, Bhoop Singh hired a three- wheeler bearing registration No. HR 46-A 7289 from Simli to transport his cement bags from village Maina. Satish, respondent No. 1, who was the driver of the three- wheeler was driving the three-wheeler rashly, negligently and at a high speed and when he came near the school of son of Mange Ram, the three-wheeler turned turtle. As a result, Bhoop Singh sustained fatal injuries. He was taken to the Medical College and Hospital, Rohtak, but he was declared by the doctors as 'brought dead'. An F.I.R. No. 208 dated 12.7.2000 under sections 279/304-A, Indian Penal Code was also registered at Police Station, Sadar, Rohtak on the statement of one Hoshiar Singh, father of the deceased.

(3.) The claim petition has been filed by the widow, two minor sons and one minor daughter of the deceased Bhoop Singh. In the claim petition, claimants claimed compensation. It was averred by claimants that the deceased Bhoop Singh was 35 years of age and was employed with Tyre Ghar and his monthly income was Rs. 8,000. It was further averred that Bhoop Singh used to sell milk also.