CHANDER PATI Vs. RAJBIR AND OTHERS

JUDGEMENT

(1.) Appellant has filed this appeal against the award dated 5.10.2006, passed by the Motor Accident Claims Tribunal, Jhajjar (for short, 'the Tribunal), vide which, the claim petition of the appellant was dismissed.

(2.) Brief facts of the case are that Pawan son of Raj Kumar, was working as a technician in Maruti Udhog Limited, Gurgaon and was a daily commuter from his village to Gurgaon on a scooter. On 12.5.2000 while returning from job, at about 5.30 p.m., he met his father Raj Kumar (since deceased) at Palika Bazar, Railway Road, Bahadurgarh, where the deceased has come to purchase some domestic goods. Then both of them started their journey back. Raj Kumar was riding the pillion of the scooter. When they reached near Malik Medical Store, Bamnoli road, after crossing the railway crossing, a tempo Tata 407 bearing registration No.HR-46A-6741 being driven by respondent No.1 at a high speed came from the side of village Bamnoli in rash and negligent manner and while turning on right side, hit rear portion of the scooter of Pawan. The scooter became imbalanced and both the riders fell down on the road. Offending vehicle Tata 407 sped away from the spot. In the accident, Raj Kumar received serious injuries. He was taken to Century Hospital, Bahadurgarh. However, keeping in view his serious condition, he was referred to Jaipur Golden Hospital, Delhi, where he remained admitted from 12.5.2000 to 20.5.2000. Thereafter, he was referred to Vimhans Hospital, Delhi where he remained admitted upto 25.5.2000. Ultimately, Raj Kumar succumbed to injuries on 31.5.2000. An FIR under Section 304A IPC was registered on 28.5.2000.

(3.) It is claimed that the deceased was self employed and earning Rs.10,000/- per month.