NEETU AND OTHERS Vs. JASWANT AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the claimants-appellants seeking enhancement of compensation awarded by Motor Accident Claims Tribunal, Hisar (hereinafter referred to as 'the Tribunal') vide award dated 23.09.2013, on account of death of Bullock and Manju in a motor vehicular accident which took place on 08.05.2012.

(2.) Brief facts of the case are that on 08.05.2012, Manju (deceased) and her husband-Baljeet were coming back from their fields to their house on their bullock-cart after finishing their work in fields and were on katcha berm of the road; that at about 05:00 p.m., when they reached near the fields of Sukh Lal on Hisar- Balsmand Road, then in the meantime, a truck bearing registration No.HR-57-2442, driven by respondent No.1 in a rash and negligent and in a zig-zag manner, at a very speed without following the mandatory traffic rules, came from Balsmand side and hit into the bullock-cart by coming on the wrong side on katcha berm. As a result of which, Ms. Manju and the bullock received serious, grievous and multiple injuries. Thereafter, Baljeet took Manju to Sarvodaya Hospital, Hisar, where doctor referred her to General Hospital, Hisar and there doctor declared her dead and post-mortem examination was conducted upon her. Whereas, post-mortem upon the bullock was conducted by Dr. J.C. Godara, H.V.S.-I, Government Veterinary Hospital, Balsmand, District Hisar.

(3.) Before the Tribunal, Baljeet appeared as PW-3 and tendered his affidavit Ex.PW3/A, to prove the accident in question. Neither the driver of the offending vehicle nor any other person claiming to have witnessed the accident appeared in the witness-box to rebut the statement of PW-3-Baljeet and the Tribunal has returned the finding on Issue No.1 in favour of the claimants-appellants.