SURINDER KAUR Vs. RAHIM AND OTHERS

JUDGEMENT

(1.) Initially, the claimant/appellant filed a claim petition under Section 166/163-A of the Motor Vehicles Act, claiming compensation in respect of death of her son Amritpal Singh who died in a vehicular accident. Later on, claim petition under Section 166 of the Motor Vehicles Act was withdrawn and the same was ordered to be treated under Section 163-A of the Motor Vehicles Act.

(2.) Appellant has preferred this appeal against the award dated 21.05.2009 passed by the Motor Accident Claims Tribunal, Rupnagar (for short 'the Tribunal'), whereby the claim petition filed by the claimant/appellant was dismissed,

(3.) The accident took place on 23.07.2005 when Amritpal Singh son of the claimant/appellant was going towards Garhshaner side on motorcycle. At about 9:00 PM, when he reached near the main gate of village Dron on Garhshanker Road, a Road Roller was parked on the road by the respondent and because of lights of some other vehicles from opposite side, Amritpal Singh could not notice the Road Roller parked on the road and struck the motorcycle against the Road Roller and received injuries on his head and other parts of the body. Road Roller was parked on the road without any preventive measure like fencing and backlight. The accident took place due to negligence of respondent No.1 and the same was witnessed by one Satnam Singh. Amritpal Singh was taken to hospital, where he remained admitted for a long time and ultimately, died on 08.09.2005 in PGI, Chandigarh. Motorcycle was owned by respondent No.3 father of the deceased. Deceased was 23 years of age at the time of accident and was employed as Supervisor in Millanium Industries, Chandigarh Road, Ludhiana at a monthly salary of Rs.4500/- per month. FIR was registered in respect of accident. The claimant/appellant spent a huge amount on the treatment of his son who was unmarried and claimant/appellant was dependent upon his income. Claimant/appellant being legal representative of the deceased, claimed compensation to the tune of Rs.20,00,000/- along with interest.