LAKHPATI AND ORS. Vs. BALDEVA AND ORS.

JUDGEMENT

(1.) This appeal has been preferred by the widow, two children and parents of the deceased Khushi Ram against the judgment/Award dated 29.8.1995 passed by the Motor Accidents Claims Tribunal, Jind, whereby their petition under Sec. 166 of The Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act'), claiming compensation on account of death of Khushi Ram has been dismissed.

(2.) Khushi Ram son of Mehar Din is stated to have died due to injuries sustained in a motor vehicle accident which occurred on 14.4.1992. As per the facts narrated in the claim petition, Khushi Ram and his son Sumeer Ahmad (one of the claimants) were coming back to their village Kaloda Kalan, Tehsil Narwana, District Jind after meeting Khushi Ram's sister at Patran. Khushi Ram was driving his moped No. HYW -7415 with his son Sumeer Ahmad, a minor, riding pillion. When they reached near village Bailerkhan on Patiala -Narwana road at about 7:30 p.m. a tractor was seen coming from the opposite direction from Narwana side without any lights, driven in a rash and negligent manner at high speed by its driver Baldeva, respondent No. 1 (now represented by his legal representatives). The tractor driver did not blow its horn and on seeing the tractor being driven in an irregular manner, Khushi Ram steered his moped to the extreme left side on the unmetalled berm. Still the tractor hit against the moped directly from the front side resulting in multiple injuries to both Khushi Ram and Sumeer Ahmad who were removed to General Hospital, Narwana where Khushi Ram succumbed to his injuries. Post -mortem was conducted on 14.4.1992 (Post -mortem report is Ex.P2). Injuries suffered by Sumeer Ahmad are reflected in the medico -legal report (Ex.P3). FIR No. 77 under Ss. 279/337/304 -A IPC dated 15.4.1992 (Ex.P1) was registered at Police Station Garhi. The name of the driver or the number of the offending vehicle were, however, not mentioned in the FIR. Respondent No. 1 was ultimately proceeded against in the above said case and it is informed that he has since been acquitted.

(3.) Two claim petitions were preferred, one by the present appellants claiming compensation on account of death of Khushi Ram and another Claim petition No. 97 dated 15.10.1992 by Sumeer Ahmad, the minor son of the deceased Khushi Ram through his uncle Ratia Ram, claiming compensation on account of the injuries suffered by him in this accident. The present appellants, which includes Sumeer Ahmad, claimed a sum of Rs. 7 lacs as compensation on account of death of their sole bread earner. The deceased Khushi Ram was stated to be working as a Dispenser in the Haryana Ayurvedic Dispensary in village Kaloda and also deriving income from selling milk and engaging in agriculture work. A sum of Rs. 60,000/ - was claimed by Sumeer Ahmad on account of the injuries suffered by him.