KIRAN Vs. RAJESH KUMAR

JUDGEMENT

(1.) This appeal has been filed by the claimant-appellants seeking enhancement of compensation awarded by Motor Accident Claims Tribunal, Rohtak (hereinafter referred to as 'the Tribunal') vide award dated 06.12.2016 on account of death of Tej Pal in a motor vehicular accident which took place on 26.03.2016. Appellant No.l is widow and appellant Nos.2 & 3 are children of deceased Tej Pal.

(2.) Brief facts of the case are that on 26.03.2016, at about 8.00A.M., Tej Pal (since deceased) along with Devinder @ Bittu and Smt. Janki was coming to Rohtak on Auto-rickshaw bearing registration No. HR-46-D-2933, which was being driven by respondent No.3-Krishan. When they reached at Makrauli turn, Gohana Road, Rohtak, a Maruti Swift car bearing registration No. HR-ll-F-4977, being driven by Rajesh Kumar-respondent No.l in a rash and negligent manner, came from behind and rammed in the Auto-rickshaw, as a result of which, auto-rickshaw turned turtle and all the passengers, including driver, received multiple injuries. Ashok and Rampal took the injured to Post Graduate Institute of Medical Science, Rohtak. Unfortunately, during treatment, Tej Pal succumbed to the injuries. With regard to the incident, FIR No.186 dated 26.03.2016, under Sections 279/337/304-A IPC was registered against respondent No.l at Police Station, Sadar, Rohtak. Consequently, the claimant-appellants filed a claim petition before the Tribunal.

(3.) On the basis of evidence led by the parties, the Tribunal came to a conclusion that the accident had taken place on account of rash and negligent driving of the offending vehicle bearing No.HR-ll-F-4977 by its driver-respondent No.l, which resulted into the death of Tej Pal. This finding was rightly given on the basis of deposition of Devender (PW-1), who was eye witnesses of the accident and on whose statement, FIR Ex.Pl was registered. Apart from this, claimants have also proved on record copy of postmortem report of deceased as Ex.P6.