NEETU DEVI Vs. ANIL SINGH

JUDGEMENT

(1.) The present appeal has been filed by the claimants; challenging the award passed by the Motor Accident Claims Tribunal, Narnaul, on account of insufficiency of the compensation awarded on account of death of Manoj Kumar in an accident.

(2.) The brief facts of this case are that the claimants filed a claim petition under Section 163-A of the Motor Vehicles Act, 1988; claiming that on 10.06.2011, Manoj Kumar was going to Najafgarh (Delhi) from Village Mandhan; on left kacha side of the Behror to Narnaul road. At about 3.30 - 4.00 AM, he reached near Airtel Tower. In the meantime, a Truck bearing registration No. HR-55-6875, being driven by respondent No. 1, in a rash and negligent manner came and hit Manoj Kumar. Manoj Kumar received multiple injuries and succumbed to these injuries on the spot. It was claimed that the accident in question was witnessed by the father of the deceased. In the claim petition, it was claimed that the deceased was 25 years of age and was earning L 3300/- per month; being a bangle seller. Accordingly, the compensation was claimed.

(3.) On notice, respondent No. 1 filed written statement denying the averments of the claim petition. However, it was claimed that the truck was duly insured with the Insurance Company i.e. Respondent No. 3 in the claim petition. It was further pleaded that there was no violation of the terms and conditions of the insurance policy. Therefore, it was prayed that if there is any liability for payment of compensation then the same has to be discharged by the respondent No. 3-the Insurance Company. Respondent No. 2 was proceeded ex-parte.