SWEETY Vs. JARNAIL SINGH

JUDGEMENT

(1.) Appellant-claimants, seek enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Kurukshetra (for short 'tribunal'), vide impugned award dtd. 22/10/2014, on account of death of Sudhir Kumar.

(2.) As per the averments in the claim petition under Sec. 166 of the Motor Vehicles Act (for short 'M.V.Act'), Sudhir Kumar (deceased) along with Surjit Singh son of Jagtar Singh (cleaner) and Krishan Lal son of Balati Ram, on 11/9/2010 were proceeded to Machhiwara (Punjab) from Muradabad (U.P) in truck bearing registration no. HR-37-A-5515, which was being driven by Sudhir Kumar at a moderate speed. At about, 7.00.a.m., when he reached near village Mohari, he parked his truck on lay-by for taking tea. When, Sudhir Kumar was standing on the road side, the offending vehicle being driven by respondent no.1-Jarnail Singh in a rash and negligent manner came from the side of Shahbad and struck against Sudhir Kumar due to which Sudhir Kumar was sandwiched between the offending truck and truck no. HR-47-6886 parked ahead. As a result thereof, Sudhir Kumar received multiple grievous injuries and succumbed to his injuries at the spot. Postmortem on the dead body of the deceased was conducted at L.N.J.P., Hospital, Kurukshetra. FIR No.335 dtd. 11/9/2010 was registered at Police Station Shahbad, against respondent no.1 in this respect. Compensation was prayed for by the widow and two children of the deceased.

(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-Jarnail Singh. Said finding of the learned tribunal has attained finality.