SONA DEVI AND ORS. Vs. KRISHAN AND ORS.

JUDGEMENT

(1.) Present appeal has been filed by the applicants-claimants for enhancement of compensation awarded on account of death of Balkar Singh by the learned Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as, the 'Tribunal'). Claimants are the widow and three minor children of the deceased-Balkar Singh.

(2.) Facts as revealed in the claim petition are that Balkar Singh lost his life in a motor vehicle accident which took place on 11.12.2012 when he was proceeding from Village Jalbera to Pehowa on tractor trolley No. HR-41- 4612. Said tractor was being driven by Balkar Singh at a moderate speed on the correct side of the road. Accident occurred due to rash and negligent driving of the offending vehicle i.e. Tata 207 bearing No. HR-64-7179 by respondent No. 1-Krishan @ Kala. FIR No. 436 dated 14.12.2012 was registered against respondent No. 1-Krishan @ Kala at Police Station Pehowa. Postmortem on the dead body was conducted at Government Multi Specialty Hospital, Sector 16, Chandigarh. Claimants i.e. the widow and minor children preferred petition under Sec. 166 of the Motor Vehicle Act 1988 claiming a sum of Rs. 20,00,000.00 as compensation on account of death of Balkar Singh. He was stated to be 36 years old at the time of death, an agriculturist running a diary farm and earning Rs. 20,000.00 per month.

(3.) Claim was resisted by the respondent driver and the owner of the offending vehicle pleading registration of a false case and in the alternate that driver of the offending vehicle was holding a valid driving licence at the relevant time and the vehicle in question was insured with the respondent- Insurance Company. Therefore, liability, if any, was of the Insurance Company. Respondent No. 3 also denied the accident and claimed the petition to be filed by the claimants in collusion with the owner and the driver of the offending vehicle which was being driven in contravention of the terms and conditions of the Insurance policy. Learned Tribunal framed the following issues: