LAWS(P&H)-2013-10-238

DIVYA THAKUR Vs. JAIPAL SINGH

Decided On October 01, 2013
Divya Thakur Appellant
V/S
JAIPAL SINGH Respondents

JUDGEMENT

(1.) This is an appeal brought by the claimant seeking enhancement of compensation. Nishant Thakur died in a road side accident that took place on 06.10.2009. Divya Thakur being his widow had brought a claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation in a sum of Rs. 60,00,000/-. She had arrayed the parents of the deceased as proforma respondents in the claim petition. Learned Motor Accidents Claims Tribunal, Gurgaon (for short 'the Tribunal') vide award dated 26.03.2011 allowed the claim petition in a sum of Rs. 4,04,000/-.

(2.) Nishant Thakur, who has been claimed to be 32 years of age, is claimed to have been working as Senior Marketing Executive in AVA Properties, Sector 40, Gurgaon. He was getting Rs. 28,000/- per month as salary from the aforesaid concern. A sum of Rs. 25,000/- was spent on his treatment, transportation and last rites. Claiming her to be widow of the deceased, Divya Thakur has brought the claim petition arraying her parents-in-law as proforma respondents.

(3.) The respondents have resisted the claim petition. They have denied the averments of the claimants regarding age , occupation and income of the deceased. They have denied the claimants to deserve a sum of Rs. 60,00,000/-.