NUR NISHA Vs. BHOVINDER SINGH

JUDGEMENT

(1.) No one had appeared on behalf of the respondents on 22/1/2024 despite service. Today also, no one has put in appearance for the respondents. They are accordingly proceeded against ex parte. Claimants have preferred the instant appeal seeking enhancement in compensation granted to them vide award dtd. 3/11/2015 passed by the Motor Accident Claims Tribunal, Gurgaon (for short 'MACT').

(2.) The facts, as emanating from the paper book, are that appellants/claimants, who are the parents of deceased-Mausam Khan, filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'MV Act') claiming compensation on account of death of their son Mausam Khan in a motor vehicular accident which took place on 13/7/2013.

(3.) It was averred that on 13/7/2013, at about 2.00 p.m, Mausam after completing his daily work in the area of crusher zone of village Indri was going back to his home. In the meantime, a Dumper bearing Regn. No.HR-55-H-0072 (hereinafter referred to as the 'offending vehicle"), being driven by respondent No.1 (Bhovinder Singh) came from Nuh side in a rash and negligent manner and at a very high speed and struck Mausam from the back side as a result of which, he fell down and suffered injuries. It was averred that Shaukat, who was also working in the same area had gone to Indri Mor for his occupational work and after completing his work, was standing at Indri Mor and witnessed the accident. Mausam's family was informed by the said Shaukat and then Mausam was got admitted in General Hospital, Sohna, from where, he was referred to Gurgaon. However, he was taken to Trauma Centre, Delhi, where he died at night due to injures suffered by him in the accident. The matter was reported to the police and FIR No.681, dtd. 13/7/2013 under Ss. 279, 304A IPC was registered at Police Station Sohna. It was averred that Mausam Khan being a skilled worker, was earning Rs.10,000.00 per month. As such, compensation of Rs.25.00lakhs was claimed by the claimants.