SURTI DEVI Vs. DEVENDER KUMAR

JUDGEMENT

(1.) This appeal has been filed by the claimants for enhancement of compensation awarded by the Tribunal on account of death of Baljeet Singh in a motor vehicular accident. The Tribunal had awarded compensation of Rs.4,84,328/-.

(2.) In brief, the facts are that the claimant-appellants herein, had preferred a claim petition under section 166 of the Motor Vehicles Act, 1988 (in short the 'Act') against the respondents alleging thaton 30.11.2012, at 9.00/9.30 a.m. Baljeet Singh, deceased was standing near the house of Jai Chand. Respondent No.1 came there while driving his motorcycle No. HR-05Q-8203 in a rash and negligent manner and hit Baljeet Singh with his motorcycle. As a result of the impact, Baljeet Singh fell down on the road and received multiple grievous injuries. The accident was witnessed by Mahavir Singh. Baljeet Singh was shifted to PGI, Chandigarh where he succumbed to the injuries on 04.12.2012. An FIR.No. 509 dated 01.12.2012, under Sections 279, 337 IPC came to be registered in Police Station, Indri, and later on offence under Section 304-A IPC was also added.

(3.) On notice, respondent No.1 owner and driver of the offending motorcycle, resisted the claim petition by filing his written statement and inter alia took preliminary objections that an excessive compensation has been claimed. The claim petition has been filed on false and frivolous grounds in collusion with the police. The accident has not taken place with the offending vehicle and respondent No.1 has been falsely implicated in this case. On merits, all the averments made in the claim petition were denied and dismissal of the claim petition was prayed for.