PINKI AND OTHERS Vs. JOGINDER SINGH AND OTHERS

JUDGEMENT

(1.) Vide award dated 01.10.2007, Motor Accident Claims Tribunal, Sonipat (later referred to as the Tribunal) awarded a compensation of Rs. 4,10,000/- for the death of Siri Bhagwan (later referred to as the deceased) in a motor accident. This appeal has been filed by the claimants seeking enhancement of compensation.

(2.) The case of the claimants, in brief, is that on 13.03.2005 deceased who was posted as cleaner on truck No.HR-69-1150 was going from Delhi to Ahemdabad with Virender Singh, respondent No.4, who was driving the truck. At about 6.00 pm, the truck was stopped in front of Haryana Dhaba in the area of Kanwarpura, Police Station Kotputli (Rajasthan). Another truck bearing registration No.HR69-8068(later referred to as the offending vehicle) was standing near the Dhaba in front of truck of the deceased. The deceased was cleaning the front glass of the truck when the driver of offending vehicle put it in reverse gear and drove it in a rash and negligent manner. He hit the front side of the truck of deceased, who got sandwiched between the two trucks and died at the spot. The accident was witnessed by Virender and Santosh, first and second driver of truck No.HR- 69-1150. The matter was reported to the police and FIR No.126 dated 13.03.2005 for the offences punishable under Sections 279 and 304-A of Indian Penal Code at Police Station Kotputli District Jaipur, was registered. Respondents No.1 and 2 i.e. driver and owner of the offending vehicle denied that the accident had taken place due to rash and negligent driving of the offending vehicle by respondent No.1. They alleged that the accident had taken place due to negligence of the deceased and respondent No.4, who started truck No.HR-69-1150 when the offending vehicle of respondent No.1 was in reverse gear.

(3.) Respondent No.3 New India Assurance Company Limited contested the claim of claimants with the plea that the accident had taken place due to rash and negligent driving of truck No.HR69-1150 by respondent No.4.