KAMLESH Vs. RANJIT SINGH AND OTHERS

JUDGEMENT

(1.) The appellant-claimant, namely, Kamlesh has filed the present appeal, seeking modification in the award dated 20.09.2013 passed by Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri (for short, 'the Tribunal'), on account of death of Gulzar @ Anuj son of Karan Pal and Kamlesh. Before the Tribunal, two separate claim petitions were filed, one by the mother (Kamlesh) i.e. MACT Case No.95-A of 2011, titled as Kamlesh v. Ranjit Singh and others , under Section 166 of Motor Vehicles Act; and another by the father (Karan Pal) i.e. MACT Case No.43 of 2011/2012, titled as Karan Pal v. Ranjit Singh and others , under Section 163A of Motor Vehicles Act. The Tribunal, vide award dated 20.09.2013, allowed both the claim petitions and awarded compensation of Rs.2,25,000/- in equal share.

(2.) Briefly stated, on 03.08.2011, Gulzar @ Anuj had gone to Government School, Ledi for study. At about 2.30 PM, when he was returning to Village Dhakwala on his bicycle on his correct side and had reached near School of Lady Doctor Sunita, in the meantime, a vehicle i.e. Tractor Trolley (Marka Sonalika) No. HR71-A-6947, being driven by Ranjit Singh (respondent No.1 herein) in a rash and negligent manner, came from the opposite side i.e. Dadupur Jattan side. It hit the cycle of Gulzar @ Anuj while coming on the wrong side. Due to this impact, Gulzar @ Anuj fell down along with his cycle and had sustained multiple grievous injuries. The whole incident was witnessed by Chuhru Ram (brother-in-law of the appellant-Kamlesh) along with his brother-in-law Shish Pal, who were following Gulzar @ Anuj on their motorcycle. They took the injured-Gulzar @ Anuj to the Hospital, but on the way, he succumbed to the injuries. In this regard, an FIR No.84 dated 03.08.2011, under Sections 279, 304A I.P.C. was registered at Police Station Chhachhrauli. As per the claim petition, the deceased was 11 years of age and a student of 5th standard in Government School, Ledi. Since the mother as well as the father have filed independent claim petitions, the Tribunal has passed one consolidated award and awarded a total compensation of Rs.2,25,000/-, on account of death of their son-Gulzar @ Anuj. Para 25 of the award reads as under:-

(3.) The awarded amount was ordered to be equally distributed between the claimants i.e. mother-the present appellant, namely, Kamlesh and the father i.e. Karan Pal. The father, who has also been awarded compensation, has opted to file appeal.