ANAMIKA JAIN Vs. SURJIT KUMAR

JUDGEMENT

(1.) The present appeal has been filed against the award dtd. 4/3/2013 passed by the Motor Accident Claims Tribunal, Ferozepur (hereafter referred to as the 'Tribunal') whereby compensation of 48,00,000/- has been awarded to the claimant-appellants for death of Dr. Vikas Jain (hereinafter referred to as the 'deceased') in a motor vehicle accident with truck bearing registration no.RJ-09-GA-0189 (hereinafter referred to as the 'offending vehicle').

(2.) In the present case, the claimants being the widow, two minor daughters and mother of the deceased, Dr. Vikas Jain, who was running his own hospital in the name and style of M/s Jain Eye Hospital at Bazar No.2, Ferozepur Cantt., had filed the claim petition. It was stated in the claim petition that the deceased was an Eye Surgeon and at the time of his death he was aged about 39 to 40 years and was earning 70,000/- per month. On the intervening night of 15/12/2011 and 16/12/2011 the deceased along with his assistant, namely, Parshotam Saini, was returning from Civil Hospital Bagha Purana, District Moga after attending a Free Eye Camp in his own car bearing registration No.PB-05-R-1430 and going towards Ferozepur Cantt.

(3.) At about 12.15 hours they reached Mahla Chowk Mudki and there a truck bearing registration No.RJ-09-GA-0189 (offending vehicle) came at a high speed from the side of Talwandi without blowing horn, in a rash and negligent manner, and caused the accident with the car of the deceased. The car was dragged to some distance resulting in multiple injuries to the occupants of the car. Some people present at the spot removed the occupants from the car and took them to Guru Gobind Singh Medical College and Hospital, Faridkot. However, Dr. Vikas Jain is stated to have died on the way. His assistant, Parshotam Saini, was admitted in the hospital.