BIMLA DEVI Vs. JAGTAR SINGH

JUDGEMENT

(1.) This appeal seeks to challenge the award dtd. 21/10/2011 passed by the Motor Accident Claims Tribunal, Bathinda, wherein the appellant herein has been allowed compensation of Rs.3,90,500.00 on account of death of of her son Munish Kumar.

(2.) In brief, the facts are that on 27/1/2007 deceased Munish Kumar, along with Bimla Devi and Sharda, was going from Chandigarh to Maur Mandi on his car bearing CH-03-Y-5351 and when they reached near Village Ghracho, Police Station Bhawanigarh, they were hit by HR-57-0155 coming from the opposite side, being driven by respondent No.1 in rash and negligent manner, as a result of which, Munish Kumar sustained multiple injuries on his person and ultimately succumbed to the injuries in the PGI, Chandigarh, on 1/2/2007. It was alleged that the accident took place due to the rash and negligent driving of respondent No.1 and consequently FIR 12 dtd. 29/1/2007, under Ss. 304-A, 279, 337, 427 IPC came to be lodged with the Police Station Bhawanigarh. With these averments, claim petition was filed by the appellant, mother of the deceased, claiming she was fully dependent on the deceased for her maintenance and livelihood. It was claimed that the deceased was income tax assessee and was earning Rs.10,000.00 per month.

(3.) The claim petition was contested by the respondents, inter-alia, taking preliminary objections that the petition was not maintainable, no cause of action has accrued etc. Issues were framed and thereafter evidence was led by the parties. In order to substantiate the claim, the appellant produced Harjit Punia, Inspector Income Tax Department, Ward No. 4/1, Chandigarh, who proved copy of the return of Munish Kumar Ex. A.1.