SAURAN RAM Vs. DARA SINGH AND ANOTHER

JUDGEMENT

(1.) By this appeal, the appellant seeks enhancement of the compensation awarded to him, of an amount of Rs. 1,15,200/- along with 6% interest thereupon, per annum, for the unfortunate death of his 28 year old son, who died in a motor vehicle accident on 17.12.2002, near the bus-stand of village Laha, Police Station Naraingarh, District Ambala.

(2.) The facts, as given in the impugned Award and the claim petition filed, are that deceased Suresh Kumar was standing on the 'katcha' berm besides the road near the aforesaid bus-stand, at 5:30 pm, when a truck bearing registration no.CH-01-M-9851, stated to be driven by respondent no. 1 herein, came from the side of village Laha at a very fast speed and hit him. Suresh Kumar is stated to have died on the spot itself. It was contended that the accident occurred entirely due to the rash and negligent driving of the aforesaid truck by respondent no. 1, Dara Singh. An FIR bearing no. 210 was also registered on 17.12.2002 itself, at Police Station Naraingarh, for the alleged commission of offences punishable under Sections 279 and 304-A of the IPC.

(3.) It was further contended that deceased Suresh Kumar was running a dairy firm and also used to work as a labourer, earning Rs. 6000/- per month as a sole bread earner of his family and that the appellant-claimant was wholly dependent upon him. Consequently, Rs. 10,00,000/- was claimed by way of compensation.