KANTA Vs. GAFFAR

JUDGEMENT

(1.) This is an appeal filed by two of the claimants before the learned Motor Accident Claims Tribunal, Faridabad, seeking enhancement of the compensation of Rs.2,00,000/- awarded to them on account of the unfortunate death of their son on 18.03.2001, in a motor vehicle accident.

(2.) The facts, as taken from the impugned Award dated 17.07.2002, are that one Vijender Singh, alongwith Satparkash, Shankar and deceased Sonu, were coming from Gurgaon, in a Contessa car bearing registration No.DL-4CC-9570, stated to be driven by Vijender Singh at a moderate speed. When the car reached ahead of Police Post Pali, a dumper vehicle bearing registration No.HR-38-0786, driven by respondent No.1, allegedly in a rash and negligent manner, came from the opposite side and hit the car, resulting in injuries to the occupants of the car, as a result of which Sonu @ Pradeep, son of the appellants, died in the hospital, subsequently. Consequently, the claim petition was filed by the present appellants and their two other sons, seeking a compensation of Rs.15,00,000/-.

(3.) In response to the notice issued by the Tribunal, respondents No.1 and 2 did not appear to contest the petition and were proceeded against ex parte, whereas respondent No.3, i.e. the insurance company, with which the vehicle was insured , filed its written statement denying all the allegations and further taking various preliminary objections, including that respondent No.3 was not holding a valid driving licence.