BIRENDER SINGH Vs. DINESH KUMAR

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of compensation by modifying the award dated 20.12.2008 passed by the Motor Accident Claims Tribunal, Rewari.

(2.) AS per the averments made in this case, on 15.3.2006 one Vikrant along with Raj Kumar, Smt. Suman, Golu and Gagan Kumar were going to village Milkhpur, Rajasthan, from Rewari in Car No. HR36-B/2386 which was being driven by Raj Kumar at a normal speed on the correct side of the road. When the car was 1 kilometer ahead of village Hansaka on Rewari-Dharuhera road, Gypsy No. HR-26/D-7105 being driven in a rash and negligent manner at a high speed came from front side and hit the car. Resultantly, all the occupants of the car sustained injuries. Vikrant sustained fatal injuries and died at the spot. Smt. Suman wife of Raj Kumar who had sustained fatal injuries succumbed in Safdarjang Hospital, Delhi, while the claimants Golu, Rajkumar and Gagan sustained injuries. FIR No. 18 dated 15.3.2006 under Sections 279, 337, 304-A IPC, Police Station Sadar Rewari was registered in this regard. Mahavir and Monika who were travelling in Gypsy No. HR-26D/7105 also sustained injuries.

(3.) UPON notice, respondent-Dinesh Kumar, who was driver of Gypsy No. HR-26/D- 7105 filed written statement denying the factum of the accident and the injuries sustained by the claimants. It was also denied that the Gypsy was being driven in a rash and negligent manner and at a high speed. It was prayed that claim petition be dismissed.