VINOD DEVI Vs. BIJENDRA

JUDGEMENT

(1.) Instant civil misc. appeal has been filed by the claimants appellants against the judgment and award dated 5.6.2007 passed by the learned Judge, Motor Accident Claims Tribunal (Addl. District Judge Fast Track) Behror, District Alwar whereby compensation amounting to Rs.4,25,000/- has been awarded in favour of the claimants.

(2.) Brief facts of the case are that the claimant/s filed a claim petition before the learned Tribunal stating therein that on 29.6.2006 at about 4:45 P.M, the deceased Satish Kumar was going on his motor-cycle No. RJ-02/6-M- 4519 to Bilwa to meet his father Bhoopsingh. When he reached at Dhobi Ghat in Batwa Khetri, a roadways bus No. RJ-22-P-1163 came from opposite direction and the driver of the said bus hit the deceased by driving the said offending bus rashly and negligently and fast speed. Due to this accident, the deceased Satish died on spot. Regarding this accident an FIR No. 206/2005 was registered at P.S. Khetri District Jhunjhunu for the offence under Sections 279 and 304A I.P.C. Ultimately the claimants claimed compensation amounting to Rs.70,76,000/- on account of death of deceased Satish Kumar.

(3.) Thereafter, notices were issued. Reply to the claim petition was filed before the learned Claims Tribunal. On the basis of the pleadings of the parties, the learned Claims Tribunal framed the issues.