KAMLA AND OTHERS Vs. SURENDER KUMAR AND OTHERS

JUDGEMENT

(1.) This is appeal by claimants Kamla and others seeking enhancement of compensation awarded to them by the Motor Accident Claims Tribunal, Fatehabad (later referred to as 'the Tribunal') vide award dated 19.10.2007, for the death of Om Parkash, husband of claimant-appellant No. 1-Kamla and father of claimants-appellants no. 2 to 5, in a motor vehicle accident with Jeep bearing registration No. DL-4CC-3740 (later referred to as 'the offending vehicle').

(2.) Case of claimants, in brief, is that on 05.02.2004, Om Parkash was going to Nathusari Chopta from Bhattu in the offending vehicle. On the way, after reaching near Pilimandori minor on Bhattu Nathusari Chopta road, driver of the offending vehicle, namely; Surender Kumar-respondent no. 1 raised the speed of Jeep and lost control over the steering. The Jeep got overturned as a result of which Om Parkash and Chhotu Ram passengers in that Jeep sustained multiple grievous injuries and died at the spot while other occupants of Jeep sustained injuries.

(3.) In reply filed by respondents no. 1 to 3 i.e. driver, owner and insurer of the offending vehicle, it was denied that the accident was caused by respondent no. 1 due to his rash and negligent driving of the offending vehicle.