CHIEF ENGINEER GREF, JAMMU Vs. LAL CHAND

JUDGEMENT

(1.) Chief Engineer GREF, Jammu along with Union of India is in appeal against the award of the Motor Accident Claims Tribunal, Jammu (hereinafter referred to as "the Tribunal") passed in claim No. 48/2014 dtd. 17/5/2016 titled Lal Chand and anr. Vs. Union of India and ors.

(2.) The background facts leading to the filing of this appeal may be noticed. On 29/11/2013, one Gulshan Kumar (hereinafter referred to as "the deceased"), who was driving his motorcycle was hit by a Tipper No. 05E63099X belonging to the appellants. The deceased sustained fatal injuries and died on 29/11/2013. Respondent Nos. 1 and 2, the parents of the deceased preferred a claim petition against the appellants and respondent No. 3 (driver) and claimed a compensation of Rs.25,60,000.00 along with 7.5 % interest. The petition was contested by the appellants. The Tribunal, on the basis of pleadings of the parties, framed following issues:-

(3.) Respondent Nos. 1 and 2 (claimants) led their evidence and produced Lal Chand, Veena Devi, Vikas Kumar and Arun Kumar as their witnesses. Respondent Nos. 1 and 2 also entered the witness box in support of their claim. No evidence was, however, led by the respondents in rebuttal. The Tribunal, on the basis of pleadings of the parties, evidence led and arguments advanced, disposed of the claim petition and held respondent Nos. 1 and 2 (claimants) entitled to a compensation of Rs.25,60,000.00.