SMT. MAMTA SANGWAN Vs. RAJESH KUMAR

JUDGEMENT

(1.) Widow, minor son and mother of Rajiv Kumar alias Amit Kumar (deceased) are before this Court for enhancement of compensation on account of the death of Rajiv Kumar alias Amit Kumar in a vehicular accident case, which occurred on 04.12.2001 in the area of village Barana Tehsil and District Karnal. They were awarded compensation of Rs. 3,32,000/- along with interest by Motor Accident Claims Tribunal, Ambala (for short 'the Tribunal).

(2.) On the fateful day, Rajiv Kumar was going on a motorcycle bearing registration No. HR-7E-5492 from Tarawari to Kurukshetra. At about 6.30 PM, when he reached near village Barana Tehsil and District Karnal, a Canter Tata-407 bearing registration No. HR-37A-0145 came from the opposite direction, being driven in a rash and negligent manner by Rajesh Kumar, respondent No. 1 and hit the motorcycle by coming on the wrong side of the road. The injured Rajiv Kumar was taken to Civil Hospital, Nilokheri. However, he could not survive and succumbed to the injuries.

(3.) The claimants filed claim petition under section 166 of the Motor Vehicles Act, 1988.