BHAGWAN DASS CHAWLA Vs. SHANKAR LAL

JUDGEMENT

(1.) Briefly stated, the facts of the case as per the version of claimants are that on 26/2/2012, Sahil was going from his village Anwal to Kalanaur riding his Scooty having registration No.HR12Q-9446; Anil son of Inder Lal Jangra was also going behind him on his motorcycle having registration No.HR-12M-9679; Sahil was driving the Scooty at a very slow speed on his left hand side by obeying all traffic rules; at about 8:50 p.m. when Sahil reached college turn, Kalanaur, then a truck bearing registration No.RJ-29-GA-0089 was parked on the road without putting the parking lights or rear lights on and without side signals on; there was no indication of the parking of the vehicle on the road; the vehicles coming from the opposite side were giving heavy glare without dipper from the headlights; Sahil could not observe the truck parked on the road due to darkness and his Scooty hit the backside of the stationary truck, resultantly Sahil suffered multiple grievous injuries on his head and other parts of the body; the accident was witnessed by Anil son of Inder Lal, who was following the Scooty of Sahil on his motorcycle and he with the help of passerby took Sahil to Civil Hospital, Kalanaur where the doctor on duty gave first aid to such injured and referred him to PGIMS Rohtak for further treatment; on 29/2/2012 at night the doctors of PGIMS Rohtak referred Sahil to Maharaja Aggarsen Hospital, New Delhi where he was admitted on 1/3/2012 at 12:00 a.m., ultimately he expired there on 2/3/2012 at 2:00 a.m. succumbing to the injuries suffered by him in the road side accident; FIR No.62 dtd. 1/3/2012 for the offences under Ss. 279, 337 IPC was registered against respondent No.l - Shankar Lal - driver of the offending truck and he was sent up to face trial for causing the accident.

(2.) Petitioners/claimants Sh.Bhagwan Dass Chawla - father and Smt. Sunil Rani - mother of deceased Sahil had brought a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 against respondents i.e. Shankar Lal - driver, Mukand Lal - owner and United India Insurance Company Ltd., Rohtak - insurer of the truck No.RJ-29-GA-0089, claiming compensation to the tune of Rs.25,00,000.00 along with interest before Motor Accidents Claims Tribunal, Rohtak (hereinafter referred to as the Tribunal).

(3.) As per the case of the claimants, due to untimely and sudden death of their son Sahil, they had suffered great mental shock; they were fully dependent upon the earnings of the deceased, who was a young-man of 21 years; a student of engineering and his future is very bright; he was giving tuitions to students of higher classes and was earning Rs.20,000.00per month and he used to hand over all his earning to his parents, the petitioners. According to the petitioners/claimants they had spent Rs.2,50,000.00 on treatment, transportation of the dead body, last funeral rites etc.