USHA Vs. RAJESH ARORA

JUDGEMENT

(1.) This appeal has been filed by the claimant-appellants seeking enhancement of compensation awarded by Motor Accidents Claim Tribunal, Sonepat (hereinafter referred to as 'the Tribunal') vide award dated 20.05.2014 on account of death of Ashok Kumar in a motor vehicular accident which took place on 23.09.2012. Appellant No. 1 is the wife of the deceased, appellants No. 2 to 4 are the children of the deceased whereas appellant No. 5 is the mother of the deceased.

(2.) Brief facts of the case are that Ashok Kumar had died in a road accident which took place on 23.09.2012. He alongwith his brother Rajesh alias Raju was returning from 20th mile stone where they had gone for purchasing of some articles for his shop. Both were on foot as the bicycle got punctured. Rajesh was some five ten paces behind his brother Ashok. When they reached in front of PWD rest house Rai, a car bearing no. DL 1CN-0178, being driven by its driver in a rash and negligent manner and at a high speed came and struck Ashok Kumar from behind due to which he fell down and sustained serious and grievous injuries on his body. Soon after the accident, he was taken to Civil Hospital Sonepat from where he was referred to PGIMS, Rohtak instead of taking him to Rohtak, he was shifted to MAX Super Specialty Hospital Shalimar Bagh Delhi because of the serious injuries sustained by him and finally he died on 12.11.2012. Consequently, the claimant-appellants filed a claim petition before the Tribunal.

(3.) A perusal of the award shows that finding on issue no. 1 has been rightly given in favour of the claimants as after registration of FIR No. 290 dated 23.09.2012, respondent No. 1 was challaned (Ex.P6/A) and chargesheeted (Ex.P6/B) keeping in view the judgment passed in Radhey Shayam Versus Girdhari Lal 1993(2) P.L.R., 109.