SANDEEP SHARMA Vs. KUSUM LATA

JUDGEMENT

(1.) THIS appeal has been preferred by the respondents against the award passed by the learned Motor Accident Claims Tribunal -(II), Kangra at Dharamshala, Camp at Hamirpur, awarding a sum of Rs.2,38,600/ - alongwith interest for the death of Ashit Gaurav, who died in an accident on 28.6.2001 while he was riding on a Motorcycle No.HP -22 -7396, which was being driven by Sachin Sharma, appellant No.2 herein, (who will hereinafter be referred to as 'Sachin).

(2.) THE claimants are the father, mother and younger brother of the deceased. It was pleaded that on 28.6.2001 at about 2.30 P.M., Sachin Sharma, came to the business premises of the deceased and his father, situated in Churg Mohalla, Sujanpur. He was driving Motorcycle No.HP -22 -7396 and asked the deceased to accompany him to the petrol pump at Alampur where he wanted to buy petrol for his Motorcycle. The deceased rode as a pillion rider. When they reached near the PWD Rest House, Sujanpur, Sachin lost control of the Motorcycle which resulted in the fatal accident. The Motorcycle fell down towards the river side and Ashit Gaurav received fatal injuries. The case pleaded is that he was shifted to the Community Health Centre, Sujanpur, for treatment where he died. He had sustained the injuries on his face and on his head. The claimants pleaded that deceased was a graduate and had taken admission in Post Graduate Course while at the same time he was helping in the running a small workshop preparing Dalia (porridge) and was earning about 2000/ - rupees per month.

(3.) PW -2, Narender Kumar, stated that on 28.6.2001 at about 2.30 P.M. he saw Sachin, who was also known as Rassu, driving the ill -fated Motorcycle and the deceased, whose nickname is Ashu, was sitting as a pillion rider. He admitted that the accident did not take place in his presence. PW5 is Kashmir Singh son of Tara Chand, who is an eye witness to the accident. He testifies that he knew the deceased and Sachin and that he had witnessed the accident. He saw Sachin driving the Motorcycle and the deceased was sitting as a pillion rider. The ill -fated Motorcycle struck with the drum on the roadside and thereafter fell into a deep pit. The labourers who were working on the road side rushed the deceased to the hospital. He has been crossexamined at length but there is nothing in the cross -examination which would render his testimony as untrustworthy.