SUNITA AND OTHERS Vs. SUMER SINGH AND OTHERS

JUDGEMENT

(1.) Appellants-claimants Smt.Sunita, Vikram Singh, Vivek, Smt.Kasturi Devi and Birji have filed this appeal against respondents Sumer Singh, driver, Surinder Singh, owner and National Insurance Company Ltd., Insurer of truck bearing registration No.HR-46B-8656 (offending vehicle), challenging the impugned Award dated 27.05.2013 passed by learned Motor Accident Claims Tribunal, Karnal (hereinafter referred to as 'Tribunal'), for enhancement of the compensation, which was awarded by the Tribunal, on account of death of Suka Ram alias Sukha Ram.

(2.) The brief facts of the case are that claimants-appellants Smt.Sunita, Vikram Singh, Vivek, Smt.Kasturi Devi and Birji filed claim petition against respondents Sumer Singh, driver, Surinder Singh, owner and National Insurance Company Ltd., Insurer of offending vehicle, under Section 166 of the Motor Vehicles Act, 1988, on account of death of Suka Ram alias Sukha Ram in a motor vehicular accident. It is the case of the claimants that on 13.07.2010, Suka Ram alias Sukha Ram was going from Punjab to Faridabad by driving Chassis of Swaraj Mazda at a moderate speed on left side of the road. When he reached within the revenue estate of police station, Gharaunda, a truck bearing registration No.HR-46B-8656 was parked by its driver on the road without any signal, indicator etc. and Chassis of Swaraj Mazda driven by Suka Ram alias Sukha Ram struck against the offending vehicle and he received injuries and died on the spot. FIR was also got registered on the same day. The deceased was 38 years of age and earning Rs. 8000/- per month.

(3.) Upon notice, respondents driver and owner stated that truck in question was not involved in the accident and a false case was registered. Respondent-Insurance Company contested the claim petition.