KELA DEVI Vs. AJMER SINGH

JUDGEMENT

(1.) Appellants are aggrieved by the order dated 1.6.2004, passed by learned Motor Accident Claims Tribunal, Ambala vide which claim petition filed by claimants-appellants was dismissed.

(2.) Brief facts of the case are that on 11.5.2003, Raj Kumar while driving Scooter No. HR-04-9111 was going towards his village on Saha Sahzadpur Highway. Anil Kumar was the pillion rider. At about 1.30. p.m., when Raj Kumar just reached ahead of Shah Grain Market and was in the process of overtaking a tractor-trolley No. HR01M-0877 being driven by respondent No. 3 namely Ravinder Kumar, tractor driver without giving any indication or signal, turned his tractor-trolley towards the right side in a rash and negligent manner. Raj Kumar could not stop his scooter which dashed against the right side wheel of the tractor. As a result of the accident, scooter of Raj Kumar was dragged to a considerable distance. Raj Kumar suffered multiple injuries on his vital parts of the body. Anil Kumar fell on the road side and suffered minor injuries. Raj Kumar was removed to PGI, Chandigarh by Anil Kumar in a private vehicle. However, Raj Kumar succumbed to the injuries on the next day at about 6.00 P.M. On the statement of Anil Kumar, police registered an FIR No. 96 under Sections 279/337/304-A of the Indian Penal Code at Police Station, Mullana.

(3.) It is stated that the deceased-Raj Kumar left behind his widow, three minor children and also his widow mother. Raj Kumar was 38 years of age at the time of accident and was working as mason. He was having the income of Rs. 6000/- per month. Claimants claim Rs. 20.00 lacs as compensation.