RAMESH THAKUR Vs. HARENDER SINGH

JUDGEMENT

(1.) The award dated 7.3.2017 passed by the Motor Accident Claims Tribunal, Hisar (for short, 'the Tribunal') has been assailed by two major sons of Bikhari Thakur. The facts necessary for adjudication of the present appeal are that on 22.7.2014, Bikhari Thakur and Ramji Lal were coming back to their rooms on foot. On their way, Bikhari Thakur was hit by a bus bearing registration No. PB-05T/9444 (hereinafter referred to as 'the offending vehicle). As a result of the impact he fell down, was crushed under the wheels of the offending vehicle and he died at the spot. FIR was registered. A claim petition was filed by two sons aged 28 years and 25 years under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act'). The claimants failed to adduce any evidence to the effect that they were dependent on the deceased. The claimants were held not entitled for loss of dependency but were awarded Rs.1,50,000/- along with interest @ 7.5% per annum. The amount awarded included Rs.1,00,000/- for loss of love and affection, Rs.25,000/- for transportation and Rs.25,000/- for cost of litigation.

(2.) The Tribunal considering the facts and appreciating the evidence adduced opined that the accident was a result of rash and negligent driving of the offending vehicle. The driver, owner and the insurer of the offending vehicle were held jointly and severally liable to pay the compensation. The contention raised is that the claimants were legal representatives of Bikhari Thakur and hence were dependent on his income. The contention raised lacks merit.

(3.) Before dealing with the issue, Sections 166 and 168 of the Act is reproduced below: