LAWS(HPH)-2015-3-25

MAGNI DEVI Vs. SUNEEL KUMAR

Decided On March 13, 2015
Magni Devi Appellant
V/S
Suneel Kumar Respondents

JUDGEMENT

(1.) By the medium of this appeal, the appellants-claimants have called in question the award, dated 1st November, 2013, made by the Motor Accident Claims Tribunal-I, Sirmaur District at Nahan, H.P. (hereinafter referred to as "the Tribunal") in MAC Petition No. 41-MAC/2 of 2010, titled as Smt. Magni Devi and others versus Suneel Kumar and others, whereby the claim petition filed by the appellants-claimants came to be dismissed (hereinafter referred to as "the impugned award) on the grounds taken in the memo of appeal.

(2.) It is profitable to give a brief resume of the facts of the case herein.

(3.) The claimants invoked the jurisdiction of the Tribunal in terms of Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the MV Act") for grant of compensation to the tune of Rs. 25,00,000/-, as per the break-ups given in the claim petition, on the ground that their sole bread earner, Shri Mansha Ram, became the victim of the vehicular accident which was caused by driverrespondent No. 2, namely Shri Ravinder, who had driven the vehicle, bearing registration No. HP-16A-1175, rashly and negligently on 17th August, 2010, at about 5.15 p.m., near Village Bandhala, District Sirmaur, H.P. He was taken to Hospital at Dadahu, was referred to Zonal Hospital, Nahan, where he succumbed to the injuries. The claimants have also claimed, rather pleaded, in the claim petition that the deceased was a government employee, was working as a Beldar in H.P.P.W.D. and his monthly salary was Rs. 13,000/-, was also earning Rs. 5,000/- from agricultural vocations.