KAMLESH RANI Vs. DILSHAD MOHAMMAD ALIAS DILSHAD KHAN

JUDGEMENT

(1.) The instant appeal has been filed for enhancement of compensation by Kamlesh Rani and Rajesh Tewari being parents of deceased Naveen Tewari aged 13 years in a motor vehicular accident, which took place on 29/3/2014.

(2.) In brief facts of the case are that on 29/3/2014 at about 2.45 p.m. Paras Ram father of claimant No.1 was coming from village Bhadal Thuha after meeting his brother on scooter No.PB-48A8805 and at that time, claimant No.1 along with his son Naveen Tewari were coming to Amloh on his motorcycle No.PB-23N-6035 ahead of his father Paras Ram and when they reached near Punjab Tent House, Amloh, then the offending truck No.HR- 37B-9181 came from opposite side being driven in a rash and negligent manner by respondent No.1, struck into the motorcycle of claimant Rajesh Tewari and due to the said accident, his motorcycle got entangled under the tyre of offending truck and head of Naveen Tewari minor struck with the offending truck and he died at the spot. It was further alleged that the post mortem examination on the dead body of minor Naveen Tewari had taken place at Civil Hospital, Amloh. FIR No.29 dtd. 29/3/2014 under Sec. 279/337/304A/427, IPC was lodged against the driver of offending truck at Police Station Amloh on the statement of Paras Ram. It was further averred that deceased was 13 years of age and was studying in Class V in St. Xaviour's School, Bhadal Thuha, Amloh and due to untimely death of minor Naveen Tewari, the life of the claimants has been ruined. It is contended that the deceased was hale and hearty at the time of accident and that the claimants suffered mental agony on account of death of their son and deprived from his love and affection. By way of present claim petition, the claimants claimed compensation from the respondents.

(3.) On notice, respondent No.1 driver-cum-owner of offending vehicle appeared through counsel and contested the claim petition by filing written statement taking preliminary objections regarding maintainability of claim petition; concealment of material facts; time barred etc. On merits, respondent No.1 denied all the averments of the claim petition. It was submitted that no such accident as alleged had taken place and the offending vehicle has been falsely involved in this case and false FIR has been registered and the claimants are not entitled to any compensation. While denying all the averments of claim petition, respondent No.1 prayed for dismissal of the same.