BIASAN DEVI Vs. KARTAR CHAND

JUDGEMENT

(1.) The claimants have invoked the jurisdiction of this court by the medium of this appeal under Section 173 of the Motor Vehicles Act, hereinafter referred to as the Act for short, for setting aside the award dated 16.1.2013, passed by the Motor Accidents Claims Tribunal Hamirpur, H.P, for short The Tribunal in MAC Petition No. 63 of 2010 titled Smt. Biasan Devi and others vs. Shri Kartar Chand and others, whereby the claim petition of the claimants came to be dismissed, hereinafter referred to as the impugned award , for short, on the grounds taken in the memo of appeal.

(2.) The claimants/appellants being the victims of a vehicular accident had filed claim petition before the Tribunal below for the grant of compensation to the tune of Rs.10 lacs with interest @ Rs. 12% per annum, as per the break-ups given in the claim petition.

(3.) It is averred in the claim petition that the deceased Rattan Chand was an ex-serviceman, drawing Rs.10,000/- per month as pension, was also employed as clerk in Dev Bhumi Tralla Union, Hamirpur, drawing a salary of Rs.4000/- per month, became victims of a vehicular accident on 1.6.2008 while going to his home in a vehicle (Tralla) bearing registration No. HP-22-6618, being driven by respondent No. 2 Rakesh Khan in a rash and negligent manner, sustained injuries and succumbed the injuries. FIR No. 174 of 2008 came to be registered in police station Hamipur under Sections 279 and 304-A Indian Penal Code, for short IPC .