DARSHAN DEVI Vs. JOGINDER SINGH

JUDGEMENT

(1.) This appeal seeks to challenge the award dtd. 17/5/2001 passed by the Motor Accident Claims Tribunal, Sonepat, wherein the appellants herein have been allowed compensation of Rs.4,32,000.00 on account of death of Satbir.

(2.) In brief, the facts are that on 10/6/2000, deceased Ram Kishan, along with Naresh, was going on his scooter bearing HR-12B/8054 from Village Kabulpur to Rohtak and when they had yet covered the distance of 1-2 k.m. towards Rohtak, a Tata-407, bearing registration No. HR-46/3481, being driven by respondent No.1, came from the opposite direction in rash and negligent manner and hit against the scooter. As a result of which, Ram Kishan fell down and received grievous injuries and ultimately succumbed to the injuries. It was alleged that the accident took place due to the rash and negligent driving of respondent No.1 and consequently FIR 173 dtd. 10/6/2000 under Ss. 279/337 and 304-A IPC came to be lodged with the Police Station Sadar, Rohtak. With these averments, claim petition was filed by the widow and the children of the deceased claiming they were fully dependent on the deceased for their maintenance and livelihood. It was claimed that the deceased was working as an operator with Hissar W/S Mechanical Division, Govt. of Haryana and was drawing monthly salary of Rs.7580.00 along with other perks.

(3.) The claim petition was contested by the respondents, inter-alia, taking preliminary objections that the petition was not maintainable, no cause of action has accrued etc. Issues were framed and thereafter evidence was led by the parties. In order to substantiate the claim, appellant No.1 stepped into the witness box as PW1 and examined eye witness Ramesh son of Sher Singh as PW.2 and Foreman Haryana Water Services Mechanical Divisoin, Hisar as PW.3 and the witnesses also tendered documents in evidence Exs. P.1 to P.5. On the other hand, the respondents examined respondent No.1 as RW1 and produced insurance cover note Ex. R.1. Learned counsel appearing on behalf of the insurance company tendered in evidence insurance policy, Ex. P.2 and closed the evidence.