PRAKASH Vs. SATBIR

JUDGEMENT

(1.) The award dtd. 17/5/2013 passed by the Motor Accident Claims Tribunal, Rohtak [hereinafter referred to as 'the Tribunal'] has been assailed by the parents of Mahboob Singh seeking enhancement of compensation awarded under Sec. 166 of the Motor Vehicles Act, 1988 [for brevity 'the Act'].

(2.) The driver of truck bearing registration No. HR-63-0982 [hereinafter referred to as 'offending vehicle'], owner and insurer (i.e. Shri Ram General Insurance Company Ltd.) of the offending vehicle have been arrayed as respondents No.1 to 3 respectively in the appeal. For Subsequent orders see CM-8727-CII-2015 FAO No.2828 of 2015 {2} The facts of the case are that on 26/2/2010, Mahboob Singh alongwith Yogesh was going from Sampla to Rohtak on motor cycle bearing registration No. DL-4SBC-5796. On their way, the motor cycle was hit by a rashly and negligently driven offending vehicle. As a result of the imp Mahboob Singh sustained grievous injuries and died on the way to PGIMS Rohtak. FIR was registered.

(3.) A claim petition under Sec. 166 of Act was filed and it was claimed that the deceased was a brilliant and meritorious student of Civil Engineering and he was earning Rs.6,000.00 per month by giving tuitions. The claimants were able to substantiate the fact that the deceased was a student in Shri Bala Ji Institute of Engineering and Technology Sampla (Rohtak). The certificate issued by the Institute was produced as Ex.P3. He was a student of sixth semester in Three Years Diploma Course. No evidence was adduced to prove the fact that the deceased was earning Rs.6,000.00 per month by giving tuitions. The age of the deceased was pleaded as 21 years.