PREMWATI AND OTHERS Vs. MOHD MUMTAZ AND OTHERS

JUDGEMENT

(1.) This is an appeal directed by the widow, minor children and mother of deceased Dharam Pal who died in a motor vehicular accident.

(2.) Brief resume of the case is that on 16.12.2000 at about 4.30 AM, deceased Dharam Pal along with Khatak s/o Parkash was coming back from their relation in Khanpur and were proceeding towards his native village Bhatola in a maruti car bearing registration No. HR-51-G-6017. When they reached near Mahavir Oil and Cold Store, GT Road, Faridabad, the said car dashed against the truck bearing registration No. DL-1-GA-6605 which was standing unattended on the GT Road without any signal or without putting any barricades. Dharam Pal (deceased) tried to stop the car but the same dashed into the offending truck due to which both the occupants of the car died at the spot. Accordingly, the claim petition was filed.

(3.) The learned Tribunal, after adjudication, partly accepted the claim petition and allowed a sum of Rs. 3,12,000/- to the claimants. The claimants have preferred the present appeal for enhancement of compensation. Issue No.1 regarding negligence has been determined against the driver of the offending vehicle and no cross appeal has been filed by the respondents.