RAJ BALA AND ANOTHER Vs. SATBIR AND ANOTHER

JUDGEMENT

(1.) Aggrieved against the inadequacy of the compensation awarded by the Motor Accident Claims Tribunal, Hisar vide award dated 29.08.2013 on account of death of their minor son Rajesh, aged about 12 years in a vehicular accident occurred on 07.09.2011, the appellants-claimants have approached this Court by way of instant appeal.

(2.) The appellants are the parents of deceased-Rajesh, who died in a road side accident occurred on 07.09.2011, on account of rash and negligent driving of car bearing Registration No.HR-20J-5980 by its driver Satbir. After the accident, Rajesh was got admitted by his father with the help of passerby in General Hospital, Adampur where he succumbed to the injuries sustained by him in the accident. FIR No. 266, dated 07.09.2011 under Sections 279 and 304-A IPC was registered at Police Station, Adampur against respondent No. 1 and after completion of the investigation, he has been challaned by the police for his rash and negligent act. The car involved in the accident, in which, Rajesh lost his life, was duly insured with respondent No.2-Insurance Company.

(3.) Upon notice of the claim petition, it was resisted by the owner, driver as well as by the insurance company by taking different plea and ultimately, on analysis of the entire evidence and after hearing learned counsel for the parties, the Tribunal awarded compensation to the tune of Rs. 3,50,000/- along with interest @ Rs. 7.5% per annum to the claimants in equal shares from the date of filing of the claim petition till the date of realisation.