KAUSHLIYA AND ORS Vs. MOHAN LAL AND ORS

JUDGEMENT

(1.) Present appeal has been preferred by the widow and minor children of Ashok Kumar who lost his life in a motor vehicular accident which occurred on 17.07.2010. Appellants pray for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Faridabad (hereinafter referred to as, the Tribunal') vide impugned award dated 07.06.2011 on account of the death of Ashok Kumar.

(2.) Facts as revealed in claim petition are that, Ashok Kumar (since deceased) alongwith his relative Surender was proceeding to Faridabad from Delhi in a bus of Haryana Roadways bearing registration No. HR-38Q-2825 on 17.07.2010 at about 6.30 p.m. When the bus reached at Havells, Faridabad it was stopped by its driver and both Ashok Kumar and Surender started de-boarding. Surender got off the bus but while Ashok Kumar was in the process of alighting from the bus, it started in a sudden, abrupt and negligent manner at a high speed without confirmation by its driver whether all the passengers had stepped down or not. Due to this rash and negligent act on the part of the driver of the bus, Ashok Kumar fell on the ground and hit his head on the road. He died on the spot. Post-mortem was conducted at B.K. Hospital, Faridabad. FIR No. 203 dated 17.07.2010, under Sections 279/304A IPC was registered at Police Station Sector 31, Faridabad on the statement of Surender.

(3.) Claim petition was filed by the present appellants under Section 166 of the Motor Vehicles Act, 1988 claiming compensation to the tune of Rs. 30 lacs on account of the death of Ashok Kumar. Claim was contested by the respondents. Mother of the deceased was arrayed as a proforma respondent. She suffered a statement that she did not wish for any compensation on account of the death of her son. Following issues were framed by the Tribunal:--