SANTOSH DEVI AND OTHERS Vs. LAXMAN AND ANOTHER

JUDGEMENT

(1.) The claimants are in appeal to assail award dated 31.07.2013 passed by the Motor Accidents Claims Tribunal, Rewari whereby application for grant of compensation on account of death of Raj Kumar in a motor vehicular accident, filed under Section 163-A of the Motor Vehicles Act, 1988 (in short 'the Act') has been dismissed.

(2.) The facts relevant for disposal of the appeal are that as per case of the claimants, on the intervening night of 16/17.04.2011, Raj Kumar after unloading husk at Gugodh was going on his tractor No.HR-43A-6681 to his village Jakhala to load husk for the second time. He was driving the tractor and Rakesh son Pyare Lal was sitting on the right side of mudguard. Zile Singh along with his wife Subhanka and son Monu aged 13 years was sitting in the trolley. When they reached near canal Kosli to Mundhra on Gudiyani Jhajjar Road, tractor trolley overturned in the ditches on left side of the road. Zile Singh, his wife and son were saved but Raj Kumar and Rakesh came under the tractor. Zile Singh called the villagers to take them out but Raj Kumar died on the spot due to injuries sustained by him and Rakesh was taken to Rewari for treatment. FIR No.74 dated 17.04.2011 was lodged at Police Station Kosli at the statement of Zile Singh.

(3.) The appellants claimed compensation of Rs.10,00,000/- qua death of Raj Kumar by alleging that Raj Kumar was about 48 years old and earning Rs.3300/- per month by doing agriculture work. Due to untimely death of Raj Kumar, the appellants are entitled to compensation for loss of income, pain and agony and loss of love and affection etc.