LAL SINGH Vs. KAMAL DEVI AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the award, dated 22nd December, 2010, passed by the Motor Accident Claims Tribunal(II), Mandi, District Mandi, H.P., (for short, "the Tribunal") in Claim Petition No.5 of 2001, titled Lal Singh vs. Kamal Dev and others, whereby the claim petition came to be dismissed, (for short the "impugned award").

(2.) Facts of the case, in brief, are that on 1.3.2000, deceased Ramesh Kumar, while driving truck bearing No.HP- 24-3425, was going from Barmana to Lakhyani Baroti. When the said truck reached near Dehar, another truck bearing registration No.HP-23-3752, being driven by its driver, namely, Kamal Dev, rashly and negligent, hit the truck of deceased Ramesh Kumar, as a result of which the truck (HP-24-3425) fell down the hill, causing death of driver Ramesh Kumar, constraining his mother and father to file the Claim Petition before the Tribunal claiming compensation to the tune of 10.00 lacs, as per the break-ups given in the claim petition. During the pendency of the Claim Petition, the mother of the deceased Ramesh Kumar expired and was deleted from the array of claimants.

(3.) The claim petition was resisted by the respondents and following issues were framed: