(1.) This is an appeal directed by Vikas Kumar, owner of Scooter No. CH-01-2066(T) Bajaj (Chetak) against the Award dated 01.09.2008 passed by Ms. Aaradhna Sawhney, Motor Accident Claims Tribunal, Ambala, vide which the claim petition preferred by the widow, Bohti, son Ram Pal and minor daughter, Babli of Gurnam Singh (deceased) was partly accepted and respondents Om Parkash and Vikas Kumar were directed to pay a sum of Rs. 2,72,000/- along with interest @ 9% per annum from the date of filing of claim petition till its realization.
(2.) Briefly stated, claimants i.e. Bohti, widow, Ram Pal son and Babli, minor daughter of Gurnam Singh filed a claim petition under Section 163-A of Motor Vehicle Act claiming compensation to the tune of of Rs.15 lacs on account of death of Gurnam Singh in a motor vehicular accident, which had taken place on 15.07.1998.
(3.) The case set up by the claimants in the claim petition is that on 15.07.1998, respondent No. 1 Om Parkash took away deceased Gurnam Singh on a Scooter bearing Registration No. CH-01-2066(T) for some personal work, however, Gurnam Singh (deceased) did not return till night. Claimant No. 1, Bohti got worried and started enquiring about the whereabouts of her husband, Gurnam Singh. She went to police post Saha from where she came to know that on the night of 15.07.1998, an unknown person in injured condition was got admitted in Civil Hospital, Ambala Cantt. by one Mahinder Singh son of Shri Shiv Ram, who has also got lodged an FIR bearing No. 209, under Sections 279, 337 and 304-A of the Indian Penal Code. Hospital Authorities of Civil Hospital, Ambala Cantt. informed claimant No. 1 that the said unknown person had been referred to PGI, Chandigarh on account of his serious medical condition. Claimant No. 1, Bohti along with her relatives reached PGI, Chandigarh, where she was informed about the death of her husband, Gurnam Singh, on account of injuries received by him in a road side accident. His dead body was identified by claimant No. 1, Bohti and other relatives. Since, Gurnam Singh had died in suspicious circumstances, claimant No. 1, Bohti suspected foul play and made representations to Senior Superintendent of Police to take suitable action against the accused but no action had been taken. Claimant No. 1, Bohti had filed a CRM-M No. 243344 of 1998, wherein, this Court had directed the Superintendent of Police, Ambala to enquire into the matter afresh and give report as to the cause of death of Gurnam Singh.