RENU AND OTHERS Vs. KULDEEP @ BABLOO AND OTHERS

JUDGEMENT

(1.) This appeal arises out of the Award of the learned Motor Accident Claims Tribunal, Bhiwani, dtd. 12/9/2016, by which it awarded the appellants a compensation of Rs.43,90,500.00, on account of the death of Jarnail Singh (husband of the 1st appellant, father of the 2nd and 3rd appellant and son of the 4th appellant). Interest @ 7.5% per annum was also awarded on the aforesaid compensation, running from the date of filing of the claim petition, till the date of realisation thereof.

(2.) In the claim petition, the claimants had averred that Jarnail Singh @ Dinesh, alongwith his brother Karnail Singh @ Sunna, were going on their vehicle (detailed description not given in the claim petition), on 13/8/2014, when at about 10.00 p.m. the vehicle was parked near the bus stand of village Bhurtana, close to a country liquor vend. After getting down from the vehicle, Jarnail Singh checked the air in the tyres of the vehicle and when he was crossing the road, a black coloured motorcycle came from the side of village Jamalpur, stated to be driven rashly and negligently by respondent no.1, i.e. by Kuldeep @ Babloo, which hit Jarnail Singh.He is stated to have been taken to the Community Health Centre, Tosham, by Karnail Singh, where he was declared dead.FIR no.287 was registered on 14/8/2014 at Police Station Bhawani Khera, alleging therein the commission of offences punishable under Ss. 279/304-A of the IPC, on a statement made by Karnail Singh.

(3.) As per the claimants, the deceased was self-employed, earning about Rs.50,000.00 per month from the transport business that he was running, with him owning two transport vehicles.