POOJA AND ANOTHER Vs. TOT RAM AND OTHERS

JUDGEMENT

(1.) Instant appeal filed under S.173 of the Motor Vehicles Act (hereinafter, 'Act') is directed against Award dated 28.5.2011 passed by learned Motor Accidents Claims Tribunal, Kullu, District Kullu, Himachal Pradesh in Claim Petition No. 21 of 2011, titled Kumari Pooja and another vs. Tot Ram and others , whereby claim petition having been filed by the appellants-claimants (hereinafter, 'claimants') came to be dismissed.

(2.) Briefly stated the facts of the case, as emerge from the record, are that on 4.5.2011, a car bearing registration No. HP- 34A-5283, in which deceased Lata Devi was sitting, rolled down, as a consequence of which, above noted person sustained multiple Whether the reporters of the local papers may be allowed to see the judgment? grievous injuries and subsequently succumbed to her injuries. Claimants, who happen to be children of above named deceased, by way of claim petition, claimed compensation to the tune of Rs.15.00 Lakh on account of death of their mother. Claimants alleged that at the time of alleged incident, deceased was hale and hearty and was earning Rs.15,000/- from her business besides doing agricultural work. Claimants claimed that they being solely dependent upon the deceased, have been deprived of love and affection due to untimely death of the deceased and they have also suffered great loss as such, they are entitled to compensation.

(3.) Respondent No.1, who happened to be father of the claimants and husband of the deceased, though admitted the factum with regard to the accident and death of the deceased, however, specifically denied that the FIR has been registered on wrong and concocted facts. Respondent No.1 also admitted the income and occupation of deceased as claimed in the claim petition. Though, respondent No.2, who happened to be driver of the vehicle in question, filed a separate reply, but took the stand as taken by respondent No. 1.