LILAWATI Vs. FATEH SINGH AND OTHERS

JUDGEMENT

(1.) This is appeal against award dated 25.02.2011 passed by the Motor Accident Claims Tribunal, Sonepat (later referred to as 'the Tribunal') whereby claim petition filed by Lilawati for the death of her son Subhash @ Ganga in a motor accident with truck (container) bearing registration No. HR-47A-3781 (later referred to as 'the offending vehicle') was dismissed.

(2.) Case of the claimant, in brief, is that on 17.07.2009, Subhash @ Ganga (deceased) alongwith one Bijender Singh son of Thanan Singh was going to Singhola, Delhi from Prem Colony, Kundli, Sonepat on a motorcycle bearing registration No. DL- 8SND-1059. The motorcycle was being driven by Subhash @ Ganga. When they reached near Batra Petrol Pump on main G.T. Road at about 06.00 a.m., the offending vehicle came from opposite side, which was being driven by respondent no. 1 in a rash and negligent manner. The offending vehicle dashed against the motorcycle of deceased as a result of which he fell on left side of the road while Bijender Singh fell on right side of the road. Front wheel of the offending vehicle ran over the body of deceased who died at the spot. The dead body of deceased was taken to Babu Jagjivan Ram Samarak Hospital, Delhi where his postmortem was conducted. Injured-Bijender Singh was shifted to Raja Harish Chander Hospital, Narela where he was medico-legally examined and was later discharged.

(3.) The claimant alleged that deceased was 22 years of age and was running a shop which he had taken on rent from Dharambir Khatri of Sonepat. He was earning Rs. 12,000/- per month and was contributing Rs. 10,000/- for household expenses. The claimant suffered mental agony, shock and was deprived of love and affection, guidance and services of the deceased.