LAWS(P&H)-2017-1-292

SAREWANTI @ SARSWATI Vs. JAGAN NATH AND OTHERS

Decided On January 11, 2017
Sarewanti @ Sarswati Appellant
V/S
Jagan Nath And Others Respondents

JUDGEMENT

(1.) The instant appeal has been preferred by claimant-appellant Sarewanti @ Sarswati (mother of Manjeet, deceased) seeking enhancement of compensation awarded to her by the Motor Accident Claims Tribunal, Narnaul (for short, 'Tribunal') vide Award dated October 01, 2014 passed in MACT case No.58 of 1994/2014 titled "Sarewanti @ Sarswati v. Jagan Nath & others" whereby she has been awarded compensation to the tune of Rs. 3,60,000/- on account of death of her son in a vehicular accident.

(2.) The brief facts of the case are that on April 19, 1994 Manjeet (aged 7 years) along-with his mother and sister Manisha was going to village Gudana from Kurahawata on a scooter, driven by Virender. At about 3:30 PM, when they reached in the area of village Akoda, on Mohindergarh-Dadri road, truck bearing No. HR-38-1457 (for short, 'offending vehicle') coming from Dadri side, being driven in a rash, negligent and zig-zag manner, dashed against the scooter, as a result of which, Manjeet died on the spot. Virender also sustained injuries. Respondent No.1-driver of offending vehicle fled away from the spot. The accident was witnessed by Bohar Ram and Surender.

(3.) The appellant preferred a claim petition before the Tribunal seeking compensation. The petition was contested by respondent No.3-National Insurance Company (for short, 'Insurance Company') by filing written statement. Respondent Nos.1 and 2 were proceeded against ex-parte. From the pleadings of the parties, issues were framed.