KITABO Vs. MADAN SINGH

JUDGEMENT

(1.) The claimants have filed the present appeal against the judgment of Motor Accidents Claims Tribunal, Gurgaon dated 24.4.2002 by which a total compensation of Rs. 3,07,060 along with interest at the rate of 9 per cent per annum from the date of filing of the petition till realization was awarded in a motor accident.

(2.) On 9/5/1999, one Lal Chand was going to village Bhondsi to fetch a doctor. He was standing by the roadside to catch a bus from village Alipur. When he saw truck No. HR 26-4782, he signalled it to stop. Madan Singh, respondent No. 1, who was driving the offending vehicle, stopped the truck but before Lal Chand could board it, the truck driver drove it in a rash and negligent manner. As a result, Lal Chand fell and was run over by the rear wheel of the truck and before he could reach the hospital, he died.

(3.) The claimants, who are widow and six children of the deceased Lal Chand have filed the claim petition claiming a compensation of Rs. 14,40,000 along with interest. It was averred that the deceased was 40 years of age at the time of accident and that he died because of rash and negligent driving by the driver of the offending truck.