KALA DEVI Vs. JITENDER KUMAR

JUDGEMENT

(1.) The claimants are in appeal. They have prayed for enhancement of compensation awarded by the Motor Accident Claims Tribunal vide Award dated 10th October, 1996.

(2.) An accident occurred on 18th September, 1992 wherein Om Parkash had died. At the time of his death, Om Parkash was 45 years of age. The claimants who are the widow, five sons and the mother of deceased Om Parkash filed a claim petition before the Motor Accident claims Tribunal. It was claimed by the claimants that deceased Om Parkash had boarded a Canter No. HNG 2634 for carrying the vegetables from Alampur to Gurgaon. When the Canter reached near Sehrawan, then the driver of the Canter rammed into a stationary Truck No. HYU 7568. Om Parkash died at the spot. It was claimed by the claimants that the accident in question had taken place due to rash and negligent driving of the driver of the Canter, who was driving the canter at a very fast speed without observing the traffic rules.

(3.) The learned Tribunal found that driver of the offending vehicle, Ji tender Kumar was driving the said vehicle rashly and negligently. Consequently, the claimants were held entitled to compensation. The plea raised by the Insurance Company that the driving licence of driver Jitender Kumar was fake was also rejected since it was found that the driving licence had been renewed legitimately. The quantum of compensation was assessed at Rs.2,60,000.00 i.e.Rs.2,52,000.00 on account of the death of Om Parkash and Rs. 8,000.00 on account of funeral expenses and loss of consortium.