JAGMATI Vs. VIRENDER SINGH

JUDGEMENT

(1.) Appellant-claimants, seek enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Rohtak (for short 'tribunal'), vide impugned award dtd. 24/3/2009, on account of death of Ishwar Singh.

(2.) As per averments in the claim petition under Sec. 166 of the Motor Vehicles Act (for short 'M.V.Act'), Ishwar Singh (deceased) along with Bhole Ram and brother of deceased namely Krishan son of Het Ram had gone to Rohtak on 3/12/2007 for purchasing building material, on a tractor bearing registration no. HR-12-G-3083, belonging to Virender Kumar son of Deep Chand. After purchasing building material, the deceased along with Krishan and Baljeet Singh of Bhole Ram resident of village Katesra were going to Katesra on the same tractor. Respondent no.1- Virender Singh son of Deep Chand suddenly started driving the tractor in a rash and negligent manner. Krishan son of Het Ram and Baljeet son of Bhole Ram asked him to drive the tractor properly at a normal speed but respondent no.1 did not listen to them and continued to drive the said tractor in a rash and negligent manner. As a result thereof, the tractor turned turtle and fell in the roadside pits (khaddas), opposite Anmol Hotel. Krishan son of Het Ram and Baljeet son of Bhole Ram fell on one side and Ishwar Singh died at the spot. Krishan and Baljeet received injuries. Thereafter, a private vehicle was arranged and the deceased brought to PGIMS Rohtak, where the doctor declared him dead. FIR No. 294 dtd. 4/12/2007 was registered at Police Station Kalanaur, District Rohtak, against respondent no.1 in this respect.

(3.) Learned Tribunal concluded that the accident in question was caused due to rash and negligent driving of the offending vehicle by respondent no.1-Virender Singh. Said finding of the learned tribunal has attained finality.