SH JAI PRAKASH MINOR AGE 12 YEARS SON OF SH. DEVINDER DUTT AND ANOTHER Vs. SMT. SANTOSH DEVI AND OTHERS

JUDGEMENT

(1.) Present appeal is filed under Sec. 173 of Motor Vehicles Act 1988 against the award dated 9.11.2009 passed by Motor Accident Claims Tribunal-I Sirmour District at Nahan in MAC Petition No. 61-MAC/2 of 2007 title Jai Parkash and another Vs. Santosh Devi and others .

(2.) Sh Jai Parkash minor aged 12 years son of Sh. Devinder Dutt and Smt. Krishna Devi mother of deceased filed petition under Sec. 166 of Motor Vehicles Act 1988 pleaded therein that on dated 30.6.2003 at village Chabahan Tehsil Pachhad District Sirmour HP deceased namely Devinder Dutt aged 32 years was travelling in tractor No. HP-16-1099 as labourer in tractor and when tractor reached near village Chabahan Tehsil Pachhad District Sirmour HP accident took place and deceased namely Devinder Dutt died due to accident of vehicle. Monthly income of deceased Devinder Dutt pleaded as Rs. 3000.00 (Three thousand) per month. It is pleaded that FIR No. 127 of 2003 dated 30.6.2003 was registered under sections 279, 337,338 and 304A Penal Code. It is pleaded that postmortem of deceased was conducted. It is pleaded that deceased died on the way after accident and petitioners have spent more than Rs. 10000.00 (Ten thousand) for funeral of deceased. It is pleaded that compensation to the tune of Rs. 500000/- (Five lacs) along with interest @ 12% per annum sought.

(3.) Per contra response filed on behalf of corespondents No. 1 and 2 pleaded therein that tractor was involved in the accident and Sh. Devinder Dutt had expired in accident. It is denied that tractor was driven in rash and negligent manner. It is pleaded that tractor No. HP-16-1099 was driven in slow speed and suddenly some defect developed in vehicle which resulted in brake failure and accident took place.