BINESH Vs. SAHID AND OTHERS

JUDGEMENT

(1.) The appellant-claimant No.3-daughter of deceased Rambhulla has filed the present appeal for enhancement of the compensation awarded by the learned Motor Accidents Claims Tribunal, Gurgaon (for short "the Tribunal") vide award dated 09.03.2010 passed in MACT Case No.31 of 06.03.2009 titled as Bahadur and others Vs. Sahid and others on account of death of Rambhulla due to injuries suffered in a motor vehicular accident which took place on 25.01.2009.

(2.) The claimants-Bahadur and Jaswant sons and Binesh daughter of Rambhulla filed claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (for short "the M.V. Act") on the averments that on 25.01.2009 at about 06:30 P.M., Rambhulla along with one Kale Khan was going from Behrampur Market towards village Khandsa. When they reached near village Naharpur, Indica car bearing registration No.RJ-14-AT-5110, owned by respondent No.2 and insured with respondent No.3, driven by respondent No.1 at a high speed, rashly and negligently came and struck against Rambhulla, who suffered multiple and grievous injuries. He was taken to Ayushman Hospital, Gurgaon where he died subsequently. FIR No.32 dated 25.01.2009 was registered under Sections 279 and 304-A Penal Code in Police Station Sadar Gurgaon regarding the accident.

(3.) The claimants further averred in the claim petition that the deceased was aged about 70 years and earning Rs.7,000.00 per month by working as contractor. They spent amount of Rs.30,000.00 on hospitalisation, treatment, transportation and last rites of the deceased. The claimants being his legal representatives are entitled to payment of compensation by the respondents jointly and severally with costs and interest.