KULDEEP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is appeal against the judgment and award dated 28.11.2013 rendered by the Motor Accidents Claims Tribunal, Jammu (for short the Tribunal) in Claim No. 351/2011, whereby compensation of Rs. 2,55,000/- has been awarded in favour of the appellants on account of the death of their 14 years old son due to a road traffic accident caused by Army Vehicle No. 00D-127503 (for short the offending vehicle) on 25.07.2011.

(2.) Heard learned counsel for the parties and perused the recf

(3.) On 25.07.2011 deceased, Harmeet Singh, was standing on side of the road at a place called Kalal in Tehsil, Nowshera of District, Rajouri. He was knocked down by the offending vehicle. He died due to this accident. His legal representatives filed a claim under Section 166 of the Motor Vehicles Act, 1988 (for short, the Act) in the Tribunal. Learned Tribunal on inquiry found that accident had occurred due to negligence of the driver of the offending vehicle-Respondent No. 2 and awarded compensation to the appellants. Compensation to third claimant, Davinder Kour, who is sister of the deceased, however, was refused as learned Tribunal took the view that in the life time of her parents she cannot be treated as dependent of the deceased.