AMRIT KAUR AND OTHERS Vs. VIRENDER AND OTHERS

JUDGEMENT

(1.) This appeal is filed by the claimants challenging the award passed by the Motor Accidents Claims Tribunal, Sonipat (for short, 'the Tribunal') whereby an amount of Rs. 5,29,000/- was awarded on account of accidental death of Chhabila in the motor vehicular accident. The appellants/claimants are aggrieved of insufficiency of the compensation.

(2.) The facts as given in brief are that on 05.08.2013 Chhabila alongwith Kukki had gone to Sukhdev Dhaba situated on the G.T., Road at Murthal, Sonipat on a motor cycle bearing Registration No. HR-10K-9074, whereas one Narender @ Kala alongwith Mukesh had gone to the said Dhaba on another motor cycle. After taking the meals at the Dhaba, they were coming on their respective motor cycles. When Chhabila alongwith Kukki reached near Sheesh Mehal Restaurant, G.T.Road, Murthal then an Alto Car bearing Registration No. HR-10N-4041(hereinafter referred to as the 'offending vehicle'), being driven by respondent No. 1 in a rash and negligent manner came from opposite direction and struck against the motor cycle of Chhabila. Due to the hitting of the motor cycle Chhabila and Kukki alongwith motor cycle fell down on the road. Both of them sustained injuries on various parts of their bodies. While being shifted to General Hospital, Sonipat Chhabila succumbed to the injuries. Post mortem was conducted at General Hospital, Sonipat. Regarding this accident, on the statement of Narender FIR No. 226, dated 06.08.2013, under Sections 279, 337 and 304-A of the IPC was also registered at Police Station Murthal. The parents of the deceased and one sister of the deceased filed claim petition in the present case.

(3.) Parties led their respective evidence.