LAWS(P&H)-2016-1-367

NOORDDIN AND ANOTHER Vs. MOHAMMAD HAROON AND OTHERS

Decided On January 27, 2016
NOORDDIN AND ANOTHER Appellant
V/S
MOHAMMAD HAROON AND OTHERS Respondents

JUDGEMENT

(1.) The appellants-claimants have filed this appeal claiming enhancement of compensation allowed vide award dated 28.01.2013 by Motor Accident Claims Tribunal, Nuh (later referred to as 'the Tribunal') for the death of their son Jabir (later referred to as 'the deceased').

(2.) The case of the claimants, in brief, is that on 14.07.2011, the deceased was returning home on his motorcycle. When he was crossing Palwal T-point, a tractor bearing registration No. HR27-8811 (later referred to as 'the offending vehicle') hit the motorcycle of the deceased, who sustained serious multiple injuries, resulting in his death. The accident was caused due to rash and negligent driving of offending vehicle by its driver-respondent No. 1.

(3.) In written statement, respondents No. 1 and 2 i.e. driver and owner of the offending vehicle denied the accident. Respondent No. 3- insurance company also contested the claim petition.