SUBE SINGH AND OTHERS Vs. YAMIN AND OTHERS

JUDGEMENT

(1.) By this appeal, the four appellants seek enhancement of the compensation of Rs.2,34,900/- awarded by the learned Motor Accident Claims Tribunal, Faridabad, vide its Award dated 23.08.2006.

(2.) The facts leading up to the filing of the claim petition are that on 19.11.2002, respondent No.2 (shown in the memo of parties as two different persons with the same name and parentage, though actually stated to be the same person), was driving his truck bearing registration No.HR- 38-8482, in the area of Police Station, City, Palwal. Karamvir and Wazir Singh (the latter being the son of appellants No.1 and 2 and father of appellants No.3 and 4) were riding on a scooter bearing registration No.DDZ-3734, 'driven' by Karamvir. When the scooter reached near Naya Gaon, the aforesaid truck (hereinafter to be referred to as 'the truck'), allegedly driven in a rash and negligent manner by respondent No.1, came and hit the scooter, head on. Wazir Singh is stated to have died on the spot whereas Karamvir sustained multiple injuries and was admitted to the Civil Hospital at Palwal. He is stated to have eventually recovered from his injuries. This appeal, being only in respect of the claim filed by the heirs of Wazir Singh, nothing further need be stated with regard to Karamvir, who had filed a separate claim petition before the learned Tribunal, which was also decided vide the same Award as is presently subject to this appeal. However, no appeal by Karamvir is before this Court.

(3.) In the claim petition, it was claimed that Wazir Singh was an agriculturist and milk vendor, 35 years of age, with an income of Rs.8000/- per month. His parents and children were all dependent upon him.