RADHEY SHYAM GUPTA Vs. ARCHANA & ORS

JUDGEMENT

(1.) This is an appeal directed by Radhey Shyam Gupta appellant against the Award dated 16.03.2005 passed by Shri Kamal Kant, learned Motor Accident Claims Tribunal, (Fast Track Court), Karnal vide which claim petition was partly accepted and claimants were held entitled to claim Rs.3,70,000/- on account of death of deceased Amardeep Singh in a motor vehicular accident on 30.12.1988.

(2.) The facts as gathered from the record are that on 30.12.1998 deceased Amardeep Singh was driving Maruti Car bearing registration No. HR-14-0046 and was going from Karnal to village Uchana with his friend Pawan Kumar which was on due left hand side of the road and that too at normal proper and moderate speed and when the Maruti Car reached near ITI Chowk on G.T. road, Karnal, in the meanwhile, all of a sudden, a truck bearing registration No. HR-07-8434 being driven by its driver rashly, carelessly and negligently, came from the opposite direction and hit the Maruti Car from the front side and due to impact of the accident deceased received serious, grievous and multiple injuries and died at the spot. The accident in question took place on account of rash and negligent driving of the truck by respondent No.1. FIR No.1260 dated 31.12.1998 under Sections 279 and 304-A of the IPC was registered and an amount of Rs.30lacs was claimed as compensation.

(3.) Respondent No.1 was reported to have died and his legal heir respondent No.2 was brought on record, who also proceeded ex-parte on 24.4.2003 by the Tribunal.