LAWS(P&H)-2019-1-80

MONIKA AND OTHERS Vs. PARSHOTAM BABBAR AND OTHERS

Decided On January 08, 2019
Monika and others Appellant
V/S
Parshotam Babbar And Others Respondents

JUDGEMENT

(1.) This appeal has been preferred by the claimants challenging award dated 04.02.2008 passed by the learned Motor Accident Claims Tribunal, Amritsar (hereinafter referred to as, the 'Tribunal') whereby claim petition filed by the claimants under Sections 163A/166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') has been dismissed.

(2.) The claimants filed a petition under Sections 163A and 166 of the Act seeking compensation on account of death of Rajiv Kumar, who lost his life due to injuries received by him in a motor vehicle accident which took place on 12.10.2006. As per the averments in the claim petition, Rajiv Kumar (deceased) was returning to his village Fatehgarh Churian in car No.DL-3C-AF-4888 driven by respondent No.1-Parshotam Babbar. When they reached near Soni Palace, a stray dog suddenly came in front of the car. Respondent No.1 could not control the same, as the car was being driven at a very high speed. As a result thereof, the car fell into a Nala (culvert). Rajiv Kumar succumbed to the injuries at the spot. Other occupants of the car also received injuries. It is alleged that the police authorities did not register any FIR. DDR.No.13 dated 12.10.2006 was entered. Compensation to the tune of Rs.15,00,000/- alongwith interest at the rate of 18% per annum was prayed for by the claimants, who are children, widow and mother of the deceased.

(3.) It is noticed that claim under Section 163A of the Act was specifically given up by the claimants and claim petition pursued under Section 166 of the Act as is recorded vide order dated 27.02.2007 passed by the learned Tribunal.