TEJA SINGH Vs. PARVINDER SINGH

JUDGEMENT

(1.) In this appeal award dated 11.4.2012 passed by learned Motor Accident Claims Tribunal-I, Sirmaur at Nahan (hereinafter referred to as the MACT) in Petition No. 35- MAC/2 of 2007 titled Teja Singh and others vs. Parvinder Singh and others, has been assailed by claimants, for dismissal of their claim petition filed under Section 163-A of Motor Vehicles Act (hereinafter referred to as the MV Act) seeking compensation for a sum of Rs 4,87,000/- on account of death of Sanjay Kumar in an accident dated 18.2.2007, which took place near Kalesar Police Station Khijrabad, District Yamunanagar (Haryana).

(2.) Appellants/Claimants Nos. 1 and 2 are parents, whereas appellants/claimants No. 3 and 4 are sister and brother of deceased Sanjay Kumar. Respective age of appellants/claimants, on the date of filing of claim petition, was 47, 45, 16 and 13 years. Age of deceased, as disclosed by PW2 Teja Singh and PW3 Kirat Singh, which is not disputed and as also mentioned in postmortem report, was 20 years on the day of accident.

(3.) Claim of appellants is that on 18.2.2007 deceased Sanjay Kumar, who was earning his livelihood and serving his parents, sister and brother by doing private labour work, was going to Delhi in Maruti Car No. HP-01N0126 (old temporary No. UP-BAT-8941) owned by respondent No.1 Parvinder Singh along with Jugal Kishore (respondent No.2) driver of car and at 4.30 AM when car reached at village Kalesar, it collided with truck No. HR-37A0093 left on road after an accident taken place earlier with said truck on 16.2.2007, causing head injury to Sanjay Kumar and minor injuries to Jugal Kishore and while both of them were being taken to hospital, Sanjay Kumar succumbed to his injuries.