KIRPA Vs. RAFIQ

JUDGEMENT

(1.) This appeal has been preferred by Smt. Kirpa against the award dated 24.03.2014, vide which palpably a less compensation was awarded by the Motor Accident Claims Tribunal, Palwal (for short 'the Tribunal') in respect of death of deceased Lekh Raj who was son of the appellant.

(2.) The accident took place on 21.12010 at 5:30 PM when Lekh Raj (deceased) along with his wife Smt. Roop Rani was going on his motorcycle from Hathin to village Meerpur Korali. Smt. Roop Rani (wife of the deceased) was pillion rider. When he reached near village Kot near Bilal Dharam Kanta, in the meanwhile, the offending motorcycle came from opposite side in a rash and negligent manner. The same was being driven by respondent No. 1 with a high speed without following the traffic rules and the said motorcycle directly hit the motorcycle of Lekh Raj (deceased). Lekh Raj and his wife fell down on the road and sustained multiple grievous injuries. Lekh Raj died on the spot. They were shifted to General Hospital, Palwal by Satish Kumar. Ramjeet was following them on a separate motorcycle. Lekh Raj was declared to be brought dead in the hospital. It was asserted by the claimants that the accident took place due to rash and negligent driving of respondent No. 1. A criminal case was registered against him.

(3.) The claim petition was filed by the appellant along with Smt. Roop Rani (widow of the deceased) and Jai Raj minor son of the appellant. The claim petition was clubbed with other claim petitions filed by Jameel and Rafiq.